Legal Opinion

Young v. Algeo

Supreme Court of Pennsylvania

Decided September 15, 1834PublishedCited by 6 opinions

WRIT of error to the common pleas of Alleghany county. This was an action of ejectment brought in the court below to April term 1831, by Algeo, the defendant in error, to recover the possession of a lot of ground, No. 9, on the plan of the Garrison lots, situate in the city of Pittsburgh, bounded by Liberty and Hand streets.

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WRIT of error to the common pleas of Alleghany county. This was an action of ejectment brought in the court below to April term 1831, by Algeo, the defendant in error, to recover the possession of a lot of ground, No. 9, on the plan of the Garrison lots, situate in the city of Pittsburgh, bounded by Liberty and Hand streets. The facts of the case, as disclosed by the evidence and offered to be proved on the trial, were, that John Aitkin being the owner in fee of the lot in question, on the 20th of April 1816, by articles of agreement of that date, executed by and between Aitkin and John…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

In order to decide correctly upon the first error assigned, it may be proper to examine a little into the nature and effect of a judicial sale of real estate made by the sheriff; and to ascertain what it is that the purchaser requires under it. It may be considered a sale by operation of law, and at least as binding and conclusive upon the defendant in the execution, as if he had made it himself in person, or by his attorney duly authorized. “ The sheriff,” says Judge Washington, in Cooper v. Galbraith, 3 Wash. C. C. Rep. 550, “ is empowered…

2Cases cited11 opinions

  1. Caufman v. Presbyterian Congregation of Cedar SpringSupreme Court of Pennsylvania · 1813
  2. Lessee of Galloway v. OgleSupreme Court of Pennsylvania · 1810
  3. Jackson ex dem. Anderson v. M'LeodNew York Supreme Court · 1815
  4. Lessee of Wilson v. M'VeaghSupreme Court of Pennsylvania · 1796
  5. Smith v. PainterSupreme Court of Pennsylvania · 1819

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3Cited by6 opinions

  1. Penrice v. WallisMississippi Supreme Court · 1859
  2. Upchurch v. NorsworthySupreme Court of Alabama · 1849
  3. Sallada v. MockSupreme Court of Pennsylvania · 1921
  4. Gill v. WestonSupreme Court of Pennsylvania · 1885
  5. Brewster v. StrikerNew York Court of Common Pleas · 1852

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