Lessee of Weitzell v. Fry
Supreme Court of Pennsylvania
Ejectment, for 306 acres of land in Northumberland county. The case was this : On the 13th of September 1114, John Read, being seised in fee, mortgaged the premises mentioned in the declaration, to “ The trustees of the general loan-office of the province of Pennsylvania,” incorporated under *2191 aot of February 111.3. (1 Dall.
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Ejectment, for 306 acres of land in Northumberland county. The case was this : On the 13th of September 1114, John Read, being seised in fee, mortgaged the premises mentioned in the declaration, to “ The trustees of the general loan-office of the province of Pennsylvania,” incorporated under *2191 aot of February 111.3. (1 Dall. Laws, 644.) *After -* various successive modifications of this trust, (b) the powers and duties of the trustees were transferred to, and vested in the treasurer of the state, by an act of the first of April 1190. 2 Dall. Laws, 792, § 9.(c) The sheriff of the county,…
1Opinion of the Court
Shippen, Chief Justice.
— There are two points of inquiry before the court and jury: 1st. Whether the proceedings upon the sale have been regular ? 2d. Was there such an act of fraud, unfairness or contrivance, at the time of the sale, as ought to vitiate the whole transaction ?
1st. It is alleged, on the first point, that there was no precept authorising the sale; and it is proved, that, on search, a regular precept has not been found in the treasurer’s office. We think, that a precept was necessary to support the sale; and that the paper which has been produced, was not a regular precept. But…
2Cases cited2 opinions
- Carson's SaleSupreme Court of Pennsylvania · 1837
- King v. StowNew York Court of Chancery · 1822
3Cited by1 opinion
- Hong v. Quest International Limousine, Inc.District Court, S.D. New York · 2021