Sweetzer v. Atterbury
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lackawanna county: Of July Term 1881, No. 86. Ejectment, by B. B. Atterbury and Olivia P., bis wife, in her right, against Addison Sweetzer and others, for a lot of ground situate in tlie city of Scranton. Plea, not guilty.
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Error to the Court of Common Pleas of Lackawanna county: Of July Term 1881, No. 86. Ejectment, by B. B. Atterbury and Olivia P., bis wife, in her right, against Addison Sweetzer and others, for a lot of ground situate in tlie city of Scranton. Plea, not guilty. On the trial, before Mayer, B. J., it was admitted that tlie title to the premises in question was in Addison Sweetzer on September 14th 1861. The plaintiffs claimed title as purchasers at sheriff’s sale under a mortgage, and put in evidence the following chain of title:— Judgment. October 15th 1862. Jos. W. Brock v. Addison Sweetzer.…
1Opinion of the CourtJustice Merour
This action of ejectment is to recover land purchased by the defendants in error, at sheriff’s sale under a judgment obtained on a mortgage. The plaintiff in error seeks to attack the validity of the judgment, and thereby defeat the title acquired at the sheriff’s sale. We think all the evidence offered insufficient for that purpose, and therefore rightly rejected.
It is not sufficient that the plaintiff in error was once the owner of the land, and caused the title thereto to be transferred to the Jifkins, whereby under a secret arrangement the latter held 'as mortgagees. They held the land by…
2Cited by8 opinions
- Kelly v. KellySuperior Court of Pennsylvania · 1912
- Boyer v. WebberSuperior Court of Pennsylvania · 1903
- Kittanning Borough v. Garretts Run Gas Co.Superior Court of Pennsylvania · 1908
- Muntz v. WhitcombSuperior Court of Pennsylvania · 1909
- Hunter v. Hunter, Pennsylvania Court of Common Pleas, Cumberland County1981
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