Legal Opinion

Leidy v. Proctor

Supreme Court of Pennsylvania

Decided March 25, 1881No. 20PublishedCited by 8 opinions

Error to the Court of Common Pleas of Montgomery county: Of January Term 1881, No. 20. Trespass, quare clausum fregit, by William Leidy against Joseph Proctor. Plea not guilty.

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Error to the Court of Common Pleas of Montgomery county: Of January Term 1881, No. 20. Trespass, quare clausum fregit, by William Leidy against Joseph Proctor. Plea not guilty. On the trial, before Ross, P. J., the testimony showed the following facts: By virtue of an execution upon a judgment obtained by one Albertson against William Leidy, .a certain farm belonging to Leidy, and in his possession, was sold at sheriff’s sale on August 21st 1878, to Joseph Proctor, and a sheriff’s deed was acknowledged to him therefor on September 10th 1878. On September 12th, Proctor served on Leidy a…

1Opinion of the CourtJustice Gordon

By virtue of a certain writ or writs of venditioni exponas, issued out of the Court of Common Pleas of Montgomery county, at the suit of J. M. Albertson & Sons against William Leidy, the plaintiff in the present suit, the land of the said Leidy was sold by the sheriff to tho defendant, Joseph Proctor, and a deed made therefor, which-was duly acknowledged and delivered to him on the 10th of September 1878. From this period he was the absolute owner of the land, and though Leidy continued in the actual possession, that possession was wrongful; tho right thereto was in Proctor. This very obvious…

2Cases cited1 opinion

  1. Overdeer v. LewisSupreme Court of Pennsylvania · 1841

3Cited by8 opinions

  1. Havens v. PearsonSupreme Court of Pennsylvania · 1939
  2. Shafer v. CascioSupreme Court of Pennsylvania · 1926
  3. Glenn v. ShamburgerCourt of Appeals of Texas · 1922
  4. Cleveland Wrecking Co. of Cincinnati v. Federal Deposit Ins.District Court, E.D. Pennsylvania · 1946
  5. Frick v. FiscusSupreme Court of Pennsylvania · 1894

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