Legal Opinion

Shearer v. Peffer

Supreme Court of Pennsylvania

Decided May 22, 1893No. Appeal, No. 254PublishedCited by 3 opinions

Appeal, No. 254, Jan. T., 1893, by plaintiffs, William J. Shearer and wife, from judgment of C. P. Cumberland Co., Feb. T., 1889, No. 254, on verdict for defendants, Jane M. Peffer et al. Ejectment. At the trial, before Fubst, P. J., of the 49th judicial district, specially presiding, it appeared that defendants claimed title under a sheriff’s deed. The land formerly belonged to plaintiffs, but was sold under execution against them to defendant’s ancestor.

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Appeal, No. 254, Jan. T., 1893, by plaintiffs, William J. Shearer and wife, from judgment of C. P. Cumberland Co., Feb. T., 1889, No. 254, on verdict for defendants, Jane M. Peffer et al. Ejectment. At the trial, before Fubst, P. J., of the 49th judicial district, specially presiding, it appeared that defendants claimed title under a sheriff’s deed. The land formerly belonged to plaintiffs, but was sold under execution against them to defendant’s ancestor. Plaintiffs offered to prove that the sheriff’s description of the character of the land and of the improvements thereon, in his handbills…

1Opinion of the Court

Per Curiam,

Upon an examination of this ease we cannot help feeling sympathy for the plaintiff. We are wholly unable to see why the sheriff’s sale of her home was not set aside for want of any adequate description of the improvements in the newspapers in which the sheriff advertised the property for sale. But unfortunately for her that battle was fought out and lost at the proper time and place to make it. The sheriff’s deed was acknowledged, and the regularity of the steps taken by the sheriff in the execution of his writ is not now open to question. This action is ejectment. The defendants…

2Cited by3 opinions

  1. Knox v. NoggleSupreme Court of Pennsylvania · 1937
  2. Lyle v. ArmstrongSupreme Court of Pennsylvania · 1912
  3. Foley v. Smay, Pennsylvania Court of Common Pleas, Westmoreland County1942

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