Kelly v. Creen
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Mercer county. Ejectment by John Kelly against Richard Creen, commenced April 4th 1864: The plaintiff was the owner of the land in dispute, on the 27th of August 1840, when a judgment was entered against him at the suit of John Mitcheltree, on which a fi. fa. was issued to December Term 1842: to this writ the sheriff returned “ levy made, inquisition held and property condemned.”
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Error to the Court of Common Pleas of Mercer county. Ejectment by John Kelly against Richard Creen, commenced April 4th 1864: The plaintiff was the owner of the land in dispute, on the 27th of August 1840, when a judgment was entered against him at the suit of John Mitcheltree, on which a fi. fa. was issued to December Term 1842: to this writ the sheriff returned “ levy made, inquisition held and property condemned.” A venditioni exponas was issued to March Term 1845, but the writ itself was not to be found. The sheriff, on the 25th of June 1845, for the consideration of $600, executed a deed…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
That a sheriff’s sale of lands made under a venditioni exponas before the Act of June 16th 1836, relating to executions, divested the title of the debtor and transferred it to the *304purchaser, even though the sale was. not' made until after the return day of the writ, has been repeatedly decided. This court has held that nothing in the Act of 1705 made a sale before the return day of the execution indispensable to the validity of the purchaser’s title. Such was the doctrine advanced in Burd v. Dansdale, 2 Binn. 90, in McCormick v. Meason, 1 S.…
2Cases cited4 opinions
- Burd v. Lessee of DansdaleSupreme Court of Pennsylvania · 1809
- Cash v. TozerSupreme Court of Pennsylvania · 1841
- Lessee of Wilson v. M'VeaghSupreme Court of Pennsylvania · 1796
- Smull v. MickleySupreme Court of Pennsylvania · 1828
3Cited by4 opinions
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- Snyder v. McGillSupreme Court of Pennsylvania · 1919
- Jackson v. GuntonSuperior Court of Pennsylvania · 1904
- Wallace v. SchollSuperior Court of Pennsylvania · 1899