Hoyt v. Koons
Supreme Court of Pennsylvania
Error to the Common. Pleas of Luzerne county. This was an action of trespass, by William Koons v. William Iloyt and Joseph Lukens, for cutting timber on a tract of land, containing 190 acres. Both of the parties claimed the land, each under a sheriff’s sale when sold under different judgments against John Koons.
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Error to the Common. Pleas of Luzerne county. This was an action of trespass, by William Koons v. William Iloyt and Joseph Lukens, for cutting timber on a tract of land, containing 190 acres. Both of the parties claimed the land, each under a sheriff’s sale when sold under different judgments against John Koons. The sheriff’s sale to William Koons, the plaintiff, was made on the 15th November, 1842, but the sheriff’s deed to him was not acknowledged till the 23d January, 1844. The property was sold under a judgment of Miller & Dorney, obtained on 13th January, 1840. The fi. fa. issued to…
1Opinion of the Court
The opinion of the-Court was delivered by
Black, C. J.
The plaintiff below bought the land in dispute at sheriff’s sale in November, 1842; the deed was acknowledged on the 23d of January, 1844. After the sale to the plaintiff the same land was again sold as the property of the same person, but under another execution and judgment. At this second sale one of the defendants was the purchaser, and had his deed acknowledged on the 11th January, 1843. The only question which the record presents is, whether a title acquired by a sheriff’s sale can be defeated by a subsequent sale to another person,…
2Cases cited1 opinion
- Feger v. KeeferSupreme Court of Pennsylvania · 1837
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- Butler v. Lomas & Nettleton Co. (In Re Butler)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Continental Bank v. FrankSupreme Court of Pennsylvania · 1985
- Best v. Galloway (In Re Best)United States Bankruptcy Court, E.D. Pennsylvania · 2009
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