Weyand v. Tipton
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Somerset county,, in an ejectment brought by Weyand. On the trial in the Court below, the plaintiff offered in evidence a deed to him from Jacob Ankeny, sheriff of Somerset county, dated 3d March, 1815, and acknowledged on the same day in the Court of Common Pleas of said county, without proving the judgment and execution and proceedings thereon.
Read the full summary
In Error. ERROR to the Court of Common Pleas of Somerset county,, in an ejectment brought by Weyand. On the trial in the Court below, the plaintiff offered in evidence a deed to him from Jacob Ankeny, sheriff of Somerset county, dated 3d March, 1815, and acknowledged on the same day in the Court of Common Pleas of said county, without proving the judgment and execution and proceedings thereon. The defendant objected to the evidence, but it was admitted by a majority of the Court, and an exception-was taken by the defendant. The counsel were stopped by the Court.
1Per curiam
The point is too clear for argument. It has often been decided, that the recitals in a sheriff’s deed are no evidence of his authority to sell, but the judgment and executions must also be produced. The judgment must be reversed.
Judgment reversed.
2Cited by3 opinions
- Leland v. WilsonTexas Supreme Court · 1871
- Damon v. BryantMassachusetts Supreme Judicial Court · 1824
- Braddee v. BrownfieldSupreme Court of Pennsylvania · 1841