Smull v. Mickley
Supreme Court of Pennsylvania
This was an ejectment originally brought in the Court of Common Pleas of Lehigh county to December Term, 1825, and removed by Habeas Corpus cum causa, to the Circuit Court of the same county, where it was tried on the 16th of April, 1823, before the Chief Justice.
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This was an ejectment originally brought in the Court of Common Pleas of Lehigh county to December Term, 1825, and removed by Habeas Corpus cum causa, to the Circuit Court of the same county, where it was tried on the 16th of April, 1823, before the Chief Justice. The plaintiff, on the trial of the cause, claimed the land in controversy as devisee under the will of George Smull, deceased, and gave in evidence the said will, dated August 3rd, 1815, and proved October 12th, 1815. The defendants set up the following title in themselves:—George Smull, being indebted at the time of his death to…
1Opinion of the CourtTod, J.
In this ejectment the plaintiff claimed the land under the will of his father, George Smull, deceased. The defendants held under a sheriff’s deed, in pursuance of a judgment against Peter Smull, the executor of George Smull, for a debt of the testator. On the trial in the Circuit Court, sundry objections were *97made by the plaintiff to the validity of the defendants’ title under the sheriff’s sale. All these objections are deemed by us unavailable. They were all deemed so by the judge who tried the cause, except one. The Venditioni Exponas on which the land was sold, had not been returned by…
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