Kissick v. Hunter
Supreme Court of Pennsylvania
Appeal, No. 150, Oct. T., 1897, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1897, No. 354, on case stated. Case stated to determine the marketable title to real estate.
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Appeal, No. 150, Oct. T., 1897, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1897, No. 354, on case stated. Case stated to determine the marketable title to real estate. The material portions of the case stated were as follows : Clark Kissick was in his lifetime and at his death seized in his demesne as of fee of a certain tract of land [reference is had to plot where it is particular^ described] ; said Clark Kissick died intestate on March 5, 1880, leaving surviving him a widow, Sarah E. Kissick, and William Clark Kissick, a minor, of whom James E. Haslett was duly…
1Opinion of the Court
0 m S ion by
Mr. Justice Mitchell,
The sale could not be held void for want of apparent authority in the sheriff to sell under the fi. fa. because the record discloses a waiver of inquisition and extension, duly indorsed by the prothonotary on the writ, but as the waiver is by attorney the substantial question in the case is whether such a waiver is valid. On this point the case stated is not as exact as it should be. Its language is, “said defendants, by John G. McConnell, their attorney, by writing filed, .... waived the right of inquisition and extension,” etc. If we should hold the present…
2Cases cited8 opinions
- Swartz ex rel. Stuart v. D. S. Morgan & Co.Supreme Court of Pennsylvania · 1894
- Coxe v. NichollsSupreme Court of Pennsylvania · 1800
- Flanigen v. City of PhiladelphiaSupreme Court of Pennsylvania · 1866
- Reinholdt v. AlbertiSupreme Court of Pennsylvania · 1808
- Whitesell & Sons ex rel. Maul v. Peck, Phillips & Wallace Co.Supreme Court of Pennsylvania · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Williams v. CookSupreme Court of Pennsylvania · 1927
- Baumgartner v. WhinneySuperior Court of Pennsylvania · 1944
- Taylor v. BaileySupreme Court of Pennsylvania · 1936
- Gray v. HowellSupreme Court of Pennsylvania · 1903
- Huntzinger v. DevlinSuperior Court of Pennsylvania · 1922
3 more not listed; retrieve them via the Exa API.