Salter v. Reed
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was an action of ejectment, by Stacey B. Reed vs. H. A. Salter, to recover a lot of ground on the Erankford road and Brown street, in Kensington. Salter, the defendant, claimed title as follows:— Clayton Earl conveyed the ground in question to Charles B. Parke, by deed dated 15th July, 1822; reserving ground-rent of $56 yearly.
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Error to the District Court, Philadelphia. This was an action of ejectment, by Stacey B. Reed vs. H. A. Salter, to recover a lot of ground on the Erankford road and Brown street, in Kensington. Salter, the defendant, claimed title as follows:— Clayton Earl conveyed the ground in question to Charles B. Parke, by deed dated 15th July, 1822; reserving ground-rent of $56 yearly. This deed was not recorded till 8th July, 1848, more than a year after the decease of Parke, who died about 1st July, 1846, in possession of the property, and of which he had possession since 1822. On 26th September,…
1Opinion of the Court
The opinion of the court was delivered, by
Coulter, J.
It is by no means necessary to impinge upon the dictum of Chief Justice Gtbson, so much relied upon by the defendant in error, to wit, that “judicial sales extinguish liens, not estates.” The estate of the ground landlord, who had never manifested it by suitable means, was not properly extinguished by the first judicial sale on a judgment for municipal charges, in this aspect of the case; but he was estopped from asserting it by his own negligence. Even on the ground taken by the counsel for defendant in error, to wit, that the recording…
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