Legal Opinion

Abbey v. Dewey

Supreme Court of Pennsylvania

Decided July 1, 1855PublishedCited by 4 opinions

Error to tbe Common Pleas of Warren county. This was an ejectment for 106 acres of land in Columbus township, Warren county. Both parties claimed under Appollos Terry.

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Error to tbe Common Pleas of Warren county. This was an ejectment for 106 acres of land in Columbus township, Warren county. Both parties claimed under Appollos Terry. The plaintiff, by a conveyance from Terry, dated 22 d January, 1847. The defendant showed a mortgage of the premises executed by, Terry to Herman Abbey on the 10th of September, 1,840; a scire facias upon the same to June Term, 1847; a judgment, rendered on the scire farias for $712.15; a levari facias to June Term, 1848; and on the. 6th of June, 1848, a sale by the sheriff, to Daniel A. Dewey and E. W. Dewey for $789.…

1Opinion of the Court

The opinion of the Court was delivered by

Black, J. —

This was ejectment for land which was claimed by both parties under one Terry, who was admitted to have been at one time the owner. The plaintiff claimed it under Terry’s conveyance, dated in 1847, and the defendant proved that Terry, in 1840, had mortgaged it for $500, and that it had been sold by the sheriff to him in 1848, under a regular proceeding had upon the- mortgage. On the face of the two titles that of the defendant is the best. But the-plaintiff alleges that the defendant’s purchase at the sheriff’s sale was void, because he…

2Cited by4 opinions

  1. Phelps v. BensonSupreme Court of Pennsylvania · 1894
  2. Luther v. LutherSupreme Court of Pennsylvania · 1914
  3. Gump v. McDanielSuperior Court of Pennsylvania · 1910
  4. Lasher v. Medical Press Co.Superior Court of Pennsylvania · 1897

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