Hoffman v. Danner
Supreme Court of Pennsylvania
Error to the Common Pleas of Yorlc county. This was an ejectment by J. B. Hoffman and Barbe and wife v. Martin Danner and others, brought in October, 1846, for a piece of ground in that part of the Borough of York known as “Hays Addition,” as lot No. 14, on the northerly side of Main street, beginning at the borough line, and extending in front westerly along said Main street 256 feet, and in length or depth northerly 226 feet to a twenty feet wide alley, bounded on the…
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Error to the Common Pleas of Yorlc county. This was an ejectment by J. B. Hoffman and Barbe and wife v. Martin Danner and others, brought in October, 1846, for a piece of ground in that part of the Borough of York known as “Hays Addition,” as lot No. 14, on the northerly side of Main street, beginning at the borough line, and extending in front westerly along said Main street 256 feet, and in length or depth northerly 226 feet to a twenty feet wide alley, bounded on the easterly side by land of Martin Danner, on the west by a lot in the possession of Elizabeth Wissenall, and on the south by…
1Opinion of the Court
The opinion of the court wag delivered by
Bell, J.
— The quantity of land which passed by the sheriff’s sale to Franklin, under the defendant’s claim, is to be ascertained by the extent of the levy. The case was, therefore, properly treated on the trial, as turning on that inquiry. As, at the date of the execution, the whole of the lot numbered 14 belonged to Hoffman, his creditor might have directed a levy and sale of the whole. Yet *28lie was certainly at liberty, with the assent of the debtor, to embrace a less quantity, and if he did so, or permitted the sheriff, by the use of a limited and…
2Cases cited8 opinions
- Lush v. DruseNew York Supreme Court · 1830
- Streaper v. FisherSupreme Court of Pennsylvania · 1829
- Carpenter v. CameronSupreme Court of Pennsylvania · 1838
- Grubb v. GuilfordSupreme Court of Pennsylvania · 1835
- Scott v. SheaklySupreme Court of Pennsylvania · 1834
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Logan v. WileySupreme Court of Pennsylvania · 1947
- Trustees of the Proprietors v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1913
- Laidley v. RoweSupreme Court of Pennsylvania · 1923
- Safe Deposit & Trust Co. v. Bovaird & Seyfang Manufacturing Co.Supreme Court of Pennsylvania · 1910
- Carroll v. MinerSuperior Court of Pennsylvania · 1896
2 more not listed; retrieve them via the Exa API.