Black v. Aber
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county. A fi. fa. issued No. 58, of June Term, 1853, on which the sheriff levied on a tract of land, containing 100 acres, situate in East Deer township; and an inquisition being held on the 21st day of July, 1853, the same was extended at $50 per annum.
Read the full summary
Error to the Court of Common Pleas of Allegheny county. A fi. fa. issued No. 58, of June Term, 1853, on which the sheriff levied on a tract of land, containing 100 acres, situate in East Deer township; and an inquisition being held on the 21st day of July, 1853, the same was extended at $50 per annum. No notice was given to the defendant, of the plaintiff’s election that he should retain the premises at the annual sum at which the same was extended; nor did the defendant ever agree so to do. Afterwards, on the 8th day of May, A. D. 1856, A. M. Brown, plaintiff’s attorney, made and filed in…
1Opinion of the Court
The opinion of the court was delivered January 3, 1859, by
Church, J.
— Whether the writs of venditioni exponas were Authorized and regular, is the principal question in this cause. It is very clear they cannot be sustained according to the provisions of the Act of the 13th of October, 1840, (Bright. Purd. 338, 339;) but there is an attempt to support .them under the Act of the 26th of April, 1855, Id. 1125.
The judgment of Aber, was entered in the month of December, *2081852. In the summer of the year following, the al. ft. fa. was issued, the levy made, inquisition held, and extension obtained…
2Cited by3 opinions
- Stephens v. AddisSuperior Court of Pennsylvania · 1902
- Weyand's AppealSupreme Court of Pennsylvania · 1869
- Hinderman v. FisherSuperior Court of Pennsylvania · 1910