Lessee of Marshall v. Ford
Supreme Court of Pennsylvania
Ejectment for a house and lot of ground in Marcus Hook, in Dower Chichester township. The lessor of the plaintiff grounded his title on a deed from Nicholas Fairlamb, esq. sheriff of Delaware county, dated 1st January 1791, which recited a mortgage from Robert Moulder, now deceased, to the trustees of the loan office, dated 18th May 1774, and a. precept from Christian Eebiger, esq. trustee of the loan office, dated 10th September 1790, directed to the said sheriff, on which…
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Ejectment for a house and lot of ground in Marcus Hook, in Dower Chichester township. The lessor of the plaintiff grounded his title on a deed from Nicholas Fairlamb, esq. sheriff of Delaware county, dated 1st January 1791, which recited a mortgage from Robert Moulder, now deceased, to the trustees of the loan office, dated 18th May 1774, and a. precept from Christian Eebiger, esq. trustee of the loan office, dated 10th September 1790, directed to the said sheriff, on which a sale was had at public vendue to the lessor of the plaintiff, after giving thirty days notice of the time and place of…
1Per curiam
There is no occasion in the present instance to deliver our opinions, whether in any or in what cases, the *195judgment and executions recited in a sheriff’s deed must necessarily be produced. The present case is obviously different; because the summary remedy given under the loan office acts certainly requires a minute and strict investigation. The mortgage is instar judicii, and in our idea must, with the precept to the sheriff, be produced when required, as the basis on which the sale rests. Any other decision, we apprehend, might be attended with dangerous consequences.
Cited in i Y., 301, in…
2Cases cited1 opinion
- East Union Township v. RyanSupreme Court of Pennsylvania · 1878
3Cited by1 opinion
- East Union Township v. RyanSupreme Court of Pennsylvania · 1878