Hays v. Heidelberg
Supreme Court of Pennsylvania
In error from the District Court of Allegheny. The plaintiffs in this ejectment had the title of the heirs of S. Semple, who died in 1813, greatly indebted.
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In error from the District Court of Allegheny. The plaintiffs in this ejectment had the title of the heirs of S. Semple, who died in 1813, greatly indebted. They gave in evidence a judgment against his administrators in 1815, and a sheriff’s sale thereunder, and deed in 1815, to Wilkins, one of his administrators, for $2,300, of which $2,224 was returned as paid to the administrators of Semple, “ being the balance arising from the sale, after deducting the costs on the writ.” Wilkins proved that he purchased as a trustee for the creditors and heirs of Semple; that the trust was notorious, and…
1Opinion of the CourtBell, J.
The title under which the defendant claims the land in dispute, was tested in Payne v. Craft, 7 W. & S. 458, and in the aspect the controversy then wore, found perfect at all points. An exploration of the ground then reviewed is unnecessary, and we are therefore reduced to the single inquiry, whether the sheriff’s sale to Wilkins, and the subsequent transactions connected with it, are of sufficient efficacy to defeat the estate, otherwise undoubtedly vested in Mr. Craft. The supposed title, originating in that sale, was on the former occasion introduced by the defendant as outstanding, and…
2Cases cited5 opinions
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Wilt v. FranklinSupreme Court of Pennsylvania · 1809
- Fisk v. SarberSupreme Court of Pennsylvania · 1843
- Bruch v. LantzSupreme Court of Pennsylvania · 1830
- Payne v. CraftSupreme Court of Pennsylvania · 1844
3Cited by1 opinion
- Moore v. MeyersArizona Supreme Court · 1927