Shannon v. Newton
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. No. 129 January Term 1890, Sup. Ct.; court below, No. 78 June Term 1888, C. P. On April 28,1888, Mary Dalfonza brought ejectment against James Newton, to recover a certain house and lot on Swede street, Norristown. The plaintiff having been declared a lunatic by inquisition found on May 23,1888, Thomas F. Shannon, her committee, was then substituted. Issue.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. No. 129 January Term 1890, Sup. Ct.; court below, No. 78 June Term 1888, C. P. On April 28,1888, Mary Dalfonza brought ejectment against James Newton, to recover a certain house and lot on Swede street, Norristown. The plaintiff having been declared a lunatic by inquisition found on May 23,1888, Thomas F. Shannon, her committee, was then substituted. Issue. At the trial on June 10, 1889, the plaintiff showed title in Antonio Dalfonza, the husband of Mary Dalfonza, by deed to him from the executors of David Sower, dated…
1Opinion of the Court
Per Curiam :
The defendant, appellee, being a bona fide purchaser at sheriff’s sale of the premises involved in this controversy, is protected by the act of 1705, provided the judgment under which the property was sold warranted the execution. This act was passed to protect the titles of purchasers, and has been repeatedly held a complete protection against every defect or irregularity, excepting when the judgment was void upon its face: *382Springer v. Brown, 9 Pa. 305; Caldwell v. Walters, 18 Pa. 79; Evans v. Meylert, 19 Pa. 402; Duff v. Wynkoop, 74 Pa. 300. The defendant’s title could not,…
2Cases cited7 opinions
- Horner & Roberts v. HasbrouckSupreme Court of Pennsylvania · 1862
- Duff v. WynkoopSupreme Court of Pennsylvania · 1874
- McCahan v. ElliottSupreme Court of Pennsylvania · 1883
- Caldwell v. WaltersSupreme Court of Pennsylvania · 1851
- Brown's AppealSupreme Court of Pennsylvania · 1880
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- Thomas v. WatersSupreme Court of Pennsylvania · 1941
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