Jackson ex rel. Hoffa v. Morter
Supreme Court of Pennsylvania
Error to the Common Pleas of Sullivan county: January Term 1876, No. 126. Certified from Eastern District. This was a writ of error taken to an order of the court below making absolute a rule to show cause why the acknowledgment of a sheriff’s deed should not be stricken off and a sheriff’s sale set aside.
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Error to the Common Pleas of Sullivan county: January Term 1876, No. 126. Certified from Eastern District. This was a writ of error taken to an order of the court below making absolute a rule to show cause why the acknowledgment of a sheriff’s deed should not be stricken off and a sheriff’s sale set aside. The following are copies of the two notes in which the proceedings originated:— “$70.85. Dushore, Pa., December 27th 1871. One day after date, for value received, I promise to pay to Jackson Brothers, or bearer, the sum of seventy dollars and eighty-five cents, with interest, without…
1Opinion of the CourtJustice Mercur
All the assignments of error relate to the power of the court to strike off the acknowledgment of a sheriff’s deed and set aside the sale. That it possesses the power under some circumstances cannot be questioned. It naturally flows from the right to supervise the acts of its officer, and to amend its own records.
On what grounds and within what time the power may be exercised, presents another question. That the court may, for sufficient cause, set aside the sale before the deed has been acknowledged, is very clear. That it may exercise a like power after acknowledgment, but at the same term,…
2Cases cited1 opinion
- Rees v. BerryhillSupreme Court of Pennsylvania · 1832
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- Appeal of LairdSuperior Court of Pennsylvania · 1896
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