McFee v. Harris
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. The facts of the case are stated in the opinion of the District Court, of which the opinion of this Court is merely an affirmance. Opinion of the District Court:— “ The evidence in this case raises but one question, viz.:— Whether the sheriff’s sale to Miller, of the 19th of June, 1849, conveyed to him the title of John McEee, under whom both parties claim.
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Error to the District Court of Allegheny county. The facts of the case are stated in the opinion of the District Court, of which the opinion of this Court is merely an affirmance. Opinion of the District Court:— “ The evidence in this case raises but one question, viz.:— Whether the sheriff’s sale to Miller, of the 19th of June, 1849, conveyed to him the title of John McEee, under whom both parties claim. If it did not, the plaintiff is entitled to recover, otherwise the defendant will be entitled to judgment. ■ “ This is said to be, and perhaps is, a hard case on part of the plaintiff, or…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J.
The second error is to the rejection of evidence; but no bill of exceptions is to be found in the paper-book. It is a waste of time to assign errors without verifying them by the record.
*105Both parties claim under sheriffs’ sales by virtue of executions against John McFee. The question is whether the youngest or] the oldest sale passes the title. The Court below decided in favom* of the oldest sale. This was correct. The sheriff had authority to sell, and there is no evidence of fraud in the case. After acknowledgment of the sheriff’s deed in…
2Cited by3 opinions
- McLanahan v. GoodmanSupreme Court of Pennsylvania · 1919
- Milleisen v. SensemanSuperior Court of Pennsylvania · 1897
- Benninghoff v. StephensonSupreme Court of Pennsylvania · 1894