Williams v. Downing
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This was an action of ejectment by John E. Downing v. W. H. Williams and others, for a piece of ground on Wood street, Pittsburgh. Both parties claimed under William Skillen. Downing claimed under a sheriff’s sale of the premises in dispute, made on the 26th March, 1849, sold as the property of William Skillen, under a judgment in favor of John E. Downing, for the use of McMullen and Downing v. William Skillen.
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Error to the Common Pleas of Allegheny county. This was an action of ejectment by John E. Downing v. W. H. Williams and others, for a piece of ground on Wood street, Pittsburgh. Both parties claimed under William Skillen. Downing claimed under a sheriff’s sale of the premises in dispute, made on the 26th March, 1849, sold as the property of William Skillen, under a judgment in favor of John E. Downing, for the use of McMullen and Downing v. William Skillen. The judgment was obtained March 6th, 1849, for $146.74, and a fi.fa. issued 7th March, 1849, and was levied on the premises in question.…
1Opinion of the Court
The opinion of the Court was delivered by
Chambers, J.
It is assigned for error, that the Court below erred in admitting in evidence the bill of sale offered by the plaintiff below, and declaring that the same was sufficient, with the other proceedings given in evideirce by him, to prove the transfer of the title of Skillen to the plaintiff.
The property levied was the leasehold interest of William Skillen, the lessee, in the lot and buildings for which this action of ejectment was brought, and sold to Downing, the plaintiff below, by the sheriff, on a fieri facias issued Tth March, 1849, who…
2Cases cited2 opinions
- Craft ex rel. Powell v. WebsterSupreme Court of Pennsylvania · 1833
- Pennsylvania v. Kirkpatrick, Pennsylvania Court of Common Pleas, Alleghany County1794
3Cited by5 opinions
- Townsend v. BoydSupreme Court of Pennsylvania · 1907
- Dime Bk. Tr. Co. v. Walsh Et Ux.Superior Court of Pennsylvania · 1940
- Davis v. HartelSuperior Court of Pennsylvania · 1914
- Wells v. BeckerSuperior Court of Pennsylvania · 1904
- Pavlow v. DiFabio, Pennsylvania Court of Common Pleas, Delaware County1972