Lyle v. Armstrong
Supreme Court of Pennsylvania
Appeal, No. 161, Jan. T., 1911, by James I. Comly, from decree of C. P. No. 2, Phila. Co., June T., 1910, No. 4016, awarding writ of possession in case of Franklin L. Lyle v. William Lynn Armstrong, Real Owner and Amos R. Scott, Mortgagor. Petition for writ of possession. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 161, Jan. T., 1911, by James I. Comly, from decree of C. P. No. 2, Phila. Co., June T., 1910, No. 4016, awarding writ of possession in case of Franklin L. Lyle v. William Lynn Armstrong, Real Owner and Amos R. Scott, Mortgagor. Petition for writ of possession. The facts are stated in the opinion of the Supreme Court. Errors assigned were as follows: 1. The learned court below erred in entering the following decree: “And now, May 25th, 1911, on consideration of the petition and answer in the above case, and of the record thereof, it is ordered that judgment be entered in favor of…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The proceedings in this case were under the act of April 20, 1905, P. L. 239, which provides a method by which a purchaser of real estate at a judicial sale may obtain possession. The petition in the present case follows the requirements of the statute. It describes the property, avers petitioner’s title, and by an amendment allowed by the court, the entire record under which the title was acquired, was made part of the petition. It avers that this appellant, James I. Comly, was in possession of the premises, and that due notice was given to him, and that he…
2Cases cited5 opinions
- Mencke v. RosenbergSupreme Court of Pennsylvania · 1902
- Jackson v. GuntonSuperior Court of Pennsylvania · 1904
- Gelston v. DonnonSuperior Court of Pennsylvania · 1910
- Lyle v. ArmstrongSupreme Court of Pennsylvania · 1912
- Shearer v. PefferSupreme Court of Pennsylvania · 1893
3Cited by7 opinions
- Knox v. NoggleSupreme Court of Pennsylvania · 1937
- Reisinger v. Garrett Smokeless Coal Co.Supreme Court of Pennsylvania · 1919
- Moyer v. DiehlSuperior Court of Pennsylvania · 1937
- Fidelity-Philadelphia Trust Co. v. Smith, Pennsylvania Court of Common Pleas, Philadelphia County1939
- Meskunas v. Puskunigis, Pennsylvania Court of Common Pleas, Lackawanna County1938
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