Birkbeck v. Kelly
Supreme Court of Pennsylvania
Error to the Common Pleas of Luzerne County to review a judgment on a verdict for the defendant in an action of ejectment. The facts as they appeared at the trial before Woodward, A. L. J., are stated in the opinion.
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Error to the Common Pleas of Luzerne County to review a judgment on a verdict for the defendant in an action of ejectment. The facts as they appeared at the trial before Woodward, A. L. J., are stated in the opinion. The assignments of error specified the action of the court in excluding evidence of the judgment, execution and sale on the ground that the plaintiff had not shown title or color of title, and in admitting evidence of the alleged parol sale. — When the purchaser at sheriff’s sale has to bring his ejectment against the person whose land was taken in execution or any person coming…
1Opinion of the Court
*345Opinion by
Mr. J ustice Gordon :
On the 18th of November, 1876, the defendant, Edward Kelly, was in the possession of the land in controversy, and at that date the property was sold by the sheriff of Luzerne county, on process regularly issued from a judgment of the Freehold Building & Loan Association, against the said Kelly, to E. V. Jackson, the plaintiff’s vendor, and a deed executed to him which was acknowledged in due form of law, on the 29th of November, 1876. By this sale and deed whatever of right or title the defendant had was conveyed to Jackson, the sheriff’s vendee, and as against…
2Cases cited4 opinions
- Christy v. BarnhartSupreme Court of Pennsylvania · 1850
- Sower v. WeaverSupreme Court of Pennsylvania · 1875
- Drake v. BrownSupreme Court of Pennsylvania · 1871
- Myers v. ByerlySupreme Court of Pennsylvania · 1863