Yost v. Brown
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE LUZERNE COUNTY No. 37 January Term 1889, Sup. Ct.; court below, No. 46 January Term 1886, C. P. i On November 25, 1885, S. D. Yost brought an action of ejectment against John L. Brown, for a tract of land in Sugar-loaf township. The defendant pleaded, not guilty.
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ERROR TO THE COURT OE COMMON PLEAS OE LUZERNE COUNTY No. 37 January Term 1889, Sup. Ct.; court below, No. 46 January Term 1886, C. P. i On November 25, 1885, S. D. Yost brought an action of ejectment against John L. Brown, for a tract of land in Sugar-loaf township. The defendant pleaded, not guilty. At the trial on May 16, 1888, the plaintiff put in evidence the record of a judgment recovered by himself against John L. Brown on October 7,1884, for $174.40 and costs; that upon this judgment a fieri facias was issued, the real estate in controversy levied upon and condemned, and subsequently…
1Opinion of the Court
Pee Cueiam :
We find no error in the charge of the court. It is doubtless true that if the defendant had been in possession at the time of the sheriff’s sale, he would be obliged to yield that possession *97to the sheriff's vendee. There was, however, no evidence of such possession except what appears by the record, and that furnishes presumptions merely. The return to the writ of ejectment shows the defendant was in possession at the time of the service of said, writ, which was about two months after the sheriff’s sale. On the other hand, the defendant appears to have sold and conveyed the…
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