Woods v. Lane
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Bedford county. Ejectment by John Woods and another surviving executors of David Espy deceased.
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In Error. ERROR to the Common Pleas of Bedford county. Ejectment by John Woods and another surviving executors of David Espy deceased. On the trial of the cause it appeared, that a warrant issued for the premises in favour -of James Piper, dated August 1st, 1774, and a survey was made thereon on the 14th June, 1793. The plaintiffs claimed under a judgment obtained by Paul Zantzinger against Lucinda Piper administratrix of James Piper, and a fieri facias and venditioni and sale thereupon of the land in dispute, in the year 1789, to David Espy. After proving these proceedings, they offered in…
1Opinion of the Court
Tilghman C. J.
The plaintiff, who claimed under a sheriff’s sale, offered in evidence a deed from sheriff M'-Gaughey, dated 17th April, 1790, acknowledged by sheriff Bonnet, 30th June, 1797. The evidence was objected to by the U.. ndant, and rejected by the Court of Common Pleas of Bedford county. This is now assigned for error. The sale of lands by the sheriff, and conveyance of title to the purchaser, is founded upon act of assembly, and not upon the common law. The form prescribed by our act of assembly, made in the year 1705, must therefore be pursued. The sheriff is directed to give to…
2Cited by3 opinions
- Baskin v. SeechristSupreme Court of Pennsylvania · 1847
- Bellas v. M'CartySupreme Court of Pennsylvania · 1840
- M'Elear v. ElliotSupreme Court of Pennsylvania · 1826