Legal Opinion

Home v. Startzell

Supreme Court of Pennsylvania

Decided February 19, 1912No. Appeal, No. 238PublishedCited by 19 opinions

Appeal, No. 238, Jan. T., 1911, by Charles E. Griffith and Katherine L. Dallas, from judgment of C. P. No. 3, Phila. Co., June T., 1910, No. 911, awarding possession in case of The Keene Home v. Edward Startzell. Petition to deliver possession.

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Appeal, No. 238, Jan. T., 1911, by Charles E. Griffith and Katherine L. Dallas, from judgment of C. P. No. 3, Phila. Co., June T., 1910, No. 911, awarding possession in case of The Keene Home v. Edward Startzell. Petition to deliver possession. Ferguson, J., stated the facts to be as follows: “This is a citation to deliver possession to a purchaser at sheriff’s sale under the Act of April 20, 1905 (P. L. No. 239). The citation was directed to Anna M. Griffith as the person in possession who has filed an answer, as has also Katherine L. Dallas who was peruiitted to intervene. The petition for…

1Opinion of the Court

Pee Cueiam,

The real estate which is the subject of this controversey was sold at sheriff’s sale upon an execution .issued on a judgment entered upon a bond and warrant accompanying a mortgage. When the judgment was entered, Startzell, the mortgagor and the obligor in the bond, had parted with his title to the property, and it was sold by the sheriff’ without notice to the owner of it. The contention of the appellants is that no title passed to the sheriff’s vendee, because of a failure to comply with the following provision of the act of April 23, 1903, P. L. 261: “The plaintiff in any writ…

2Cases cited1 opinion

  1. Morris v. CampbellSupreme Court of Pennsylvania · 1898

3Cited by19 opinions

  1. First Federal Savings & Loan Ass'n v. PorterSupreme Court of Pennsylvania · 1962
  2. Peoples-Pittsburgh Trust Co. v. HenshawSuperior Court of Pennsylvania · 1940
  3. Bank of Pennsylvania v. G/N Enterprises, Inc.Supreme Court of Pennsylvania · 1983
  4. West Arch Building & Loan Ass'n v. NicholsSupreme Court of Pennsylvania · 1931
  5. Moore v. SchellSuperior Court of Pennsylvania · 1930

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