Lessee of Wilson v. M'Veagh
Supreme Court of Pennsylvania
Ejectment for 71 acres and 115 perches of land in Wayne township. The plaintiff claimed the lands in question under two several sheriff’s sales, but did not produce in evidence any extract of the judgments and executions on which the sales were had.
1Opinion of the Court
By the court.
We cannot avoid nonsuiting the plaintiff, unless he produces an exemplification or abstract of the records. The judgments and executions are the authority under which the sheriff acted, and the consequences of asserting the doctrine, that a sheriff by his recital could deduce a power to sell lands, would he highly mischievous. The law of 1785 has only a retrospective view, and extends solely to sheriff’s deeds theretofore made, where peaceable possession had accompanied them for six years ; now here one of the sheriff’s deeds is dated 22d January 1766, hut the other on the 24th…
2Cited by10 opinions
- Cash v. TozerSupreme Court of Pennsylvania · 1841
- Armstrong v. JacksonIndiana Supreme Court · 1822
- Shields v. MiltenbergerSupreme Court of Pennsylvania · 1850
- Young v. AlgeoSupreme Court of Pennsylvania · 1834
- Hampton v. SpeckenagleSupreme Court of Pennsylvania · 1823
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