McCullough's Petition

Opinion by

Me. Justice Schaffer,

The question propounded to us on this appeal is: Proceeding under the Act of April 20, 1905, P. L. 239, providing the method of obtaining possession of property by purchasers at judicial sales: can a purchaser of property at partition sale obtain possession against a tenant, claiming under a lease, for a term of years antedating the decree in partition, made by the owners of a three-fourths’ interest therein?

It is true, we said, in Albert v. National Outfitting Co., 270 Pa. 183 (a proceeding under this act), “The possession of a tenant for years is paramount to…