Seechrist v. Baskin
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Union county. This was an action of ejectment for a tract of land, by John Baskin and John Snyder against Michael Seechrist. . The plaintiffs, after showing title in Joseph Vangundy, gave in evidence a mortgage from him to the executors of Hannah Lethgo deceased; a scire facias and judgment on the mortgage, and a levari facias and sale to Arabella Young, who was executrix of Hannah Lethgo deceased, by Martin Withington, Esq., then high sheriff,…
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ERROR to the Common Pleas of Union county. This was an action of ejectment for a tract of land, by John Baskin and John Snyder against Michael Seechrist. . The plaintiffs, after showing title in Joseph Vangundy, gave in evidence a mortgage from him to the executors of Hannah Lethgo deceased; a scire facias and judgment on the mortgage, and a levari facias and sale to Arabella Young, who was executrix of Hannah Lethgo deceased, by Martin Withington, Esq., then high sheriff, in August 1791. They then offered in evidence a certified copy of the acknowledgment of a sheriff’s deed, dated 29th…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The sheriff is a stranger to the title of property sold by him-; and parties who claim through a sale by him, must show an authority for his conveyance. What authority has there been shown for it in this case? The judgment, levari facias and sale, authorized the sheriff who sold, to convey to the purchaser; but not his successor to convey to the purchaser or a stranger. Nothing could do that but a special order of the court, founded on the statute, made upon proper premises, and duly set forth in the record of the proceeding; but such an…
2Cases cited1 opinion
- Bruckner's lessee v. LawrenceMichigan Supreme Court · 1843
3Cited by4 opinions
- List Adoption CaseSupreme Court of Pennsylvania · 1965
- Goodman v. SangerSupreme Court of Pennsylvania · 1879
- Cock v. ThorntonSupreme Court of Pennsylvania · 1885
- Lacombe v. HeadleyNew Jersey Court of Chancery · 1918