Walbridge's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Erie county: Of October and November Term 1880, No. 208. In Equity. Bill in equity filed by Mary L. Spaulding against C. H. Walbridge.
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Appeal from the Court of Common Pleas of Erie county: Of October and November Term 1880, No. 208. In Equity. Bill in equity filed by Mary L. Spaulding against C. H. Walbridge. The bill, in substance, set forth that the complainant was the owner of a house and lot in the city of Erie; that defendant claimed title to said property by virtue of a sale upon a levari facias on a mechanic’s lien; that defendant had commenced proceedings under the provisions of the Act of June 16th 1836, Pamph. L. 780, and its supplement of May 24th 1878, Pamph. L. 134, before an alderman and a jury of six, to…
1Opinion of the CourtJustice Mercur
This case presents the question whether a purchaser under a levari facias on a judgment obtained on a mechanic’s lien may obtain possession in like manner as if he had purchased at a sale made on a venditioni exponas ? The necessity of giving a purchaser at sheriff’s sale some more expeditious method of getting possession than by action of ejectment, was recognised at an early day. Hence, the preamble to the Act of 6th April 1802, 3 Sm. Laws 530, declares, “ Whereas, great inconveniences have been experienced from the unjust detention of lands and tenements sold by sheriffs under executions…
2Cases cited1 opinion
- Pentland v. KellySupreme Court of Pennsylvania · 1843
3Cited by2 opinions
- Merritt v. WhitlockSupreme Court of Pennsylvania · 1901
- Moore v. MooreSuperior Court of Pennsylvania · 1903