Hyskill v. Givin
Supreme Court of Pennsylvania
In Error. ÉRROR to the Court of Common Pleas of Hunting- ■ » ° don county* ' . . . . . . Patrick Givin, the plaintiff below, brought this, suit against George Hy skill, before á justice of the peace, to recover fifty dollars and interest, for the price of a tract of latid sold by t ' , 4 » him under an execution as Sheriff of the county, to George Hyskill, the highest and best bidder therefor.. TVipro «rae “ere was an appeal to the Court'below, from the judgment of the ticé.
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In Error. ÉRROR to the Court of Common Pleas of Hunting- ■ » ° don county* ' . . . . . . Patrick Givin, the plaintiff below, brought this, suit against George Hy skill, before á justice of the peace, to recover fifty dollars and interest, for the price of a tract of latid sold by t ' , 4 » him under an execution as Sheriff of the county, to George Hyskill, the highest and best bidder therefor.. TVipro «rae “ere was an appeal to the Court'below, from the judgment of the ticé. On the trial, after proving the judgment at the suit of ‘ Michael Wallace against ‘Evans and Dorsey, on which the…
1Opinion of the Court
Gibson J.
delivered the opinion of the Court.
The question is, whether the return of a Sheriff is evidence, in his own favour, of the fart stated ; ior if competent,,it made out the plaintiff’s case, and justified the Court in charging that he was entitled to recover ih 'the absence of contradictory proof. There is ho rule better established, than'that such return is prima facie evidence in an, action between third persons ;• because it is the-official act of a n»an ■acting under oath. I see no reason to draw a distinction, where it is offered by the Sheriff himself. It is not, as in ordinary…
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