Pottsville Lumber Co. v. Wells
Supreme Court of Pennsylvania
Appeal, No. 76, Jan. T., 1893, by plaintiff, from judgment of C. P. Schuylkill Co., May T., 1891, No. 402, on verdict for defendant William B. Wells, executor of Christina Pott, deceased, and Andrew Comrey, sheriff. Replevin for lumber seized under landlord’s warrant. At the trial, before Pershing, P. J., it appeared that, on Feb. 14, 1872, Christina Pott conveyed to William Buechley a lot of ground in the borough of Pottsville. The purchase money was secured by mortgage.
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Appeal, No. 76, Jan. T., 1893, by plaintiff, from judgment of C. P. Schuylkill Co., May T., 1891, No. 402, on verdict for defendant William B. Wells, executor of Christina Pott, deceased, and Andrew Comrey, sheriff. Replevin for lumber seized under landlord’s warrant. At the trial, before Pershing, P. J., it appeared that, on Feb. 14, 1872, Christina Pott conveyed to William Buechley a lot of ground in the borough of Pottsville. The purchase money was secured by mortgage. On Aug. 2, 1880, judgment was entered against William Buechley on a sci. fa. on the mortgage. This was followed by a lev.…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
All the facts necessary to a proper understanding of the question presented by the two specifications of error in this case are so concisely and accuratel}*' presented in the charge of the learned president of the court below that brief reference to a few of them will be sufficient.
In the view taken by the court, the plaintiff’s case depended on the effect of the treasurer’s sale of June 12, 1882, for taxes assessed in March, 1880. If the title to the demised premises, which it is conceded the defendant .Wells acquired in 1880, was divdsted by that sale,…
2Cases cited4 opinions
- Breisch v. CoxeSupreme Court of Pennsylvania · 1876
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- Dietrick & Wilson v. MasonSupreme Court of Pennsylvania · 1868
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