Morrison v. Funk
Supreme Court of Pennsylvania
Error to the Common Pleas of Bedford county. Ejectment by George Funk, surviving executor of the will of George Funk, deceased, v. Sophia Morrison and others, for a house and lot of ground in Bedford. The writ was issued on 2d February, 1852. Plea, not guilty. The ground in dispute belonged to George Funk, who by his will, proved in 1814, directed it to be sold by his executors.
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Error to the Common Pleas of Bedford county. Ejectment by George Funk, surviving executor of the will of George Funk, deceased, v. Sophia Morrison and others, for a house and lot of ground in Bedford. The writ was issued on 2d February, 1852. Plea, not guilty. The ground in dispute belonged to George Funk, who by his will, proved in 1814, directed it to be sold by his executors. The executors sold it in December, 1814, to Samuel Funk for $1300. No deed to him was made, but he took possession and subsequently built upon it. The house was completed in 1835 and occupied by his tenants. In…
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J.
A purchaser at sheriff’s sale is protected by the recording acts against an outstanding title of which he has neither actual nor constructive notice. But this principle cannot be so applied as to convert an equitable into a legal estate.
The possession of Samuel Funk was notice of his title. It did not, however, vary the effect of the record which showed the legal title to be in the plaintiff below, as executor of G-eorge Funk. Samuel, by his purchase at the executor’s sale, followed by possession and improvements, had an imperfect estate with…
2Cited by5 opinions
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- Sheafer v. WoodsideSupreme Court of Pennsylvania · 1917
- O'Hara v. CorrSupreme Court of Pennsylvania · 1904
- Wilson v. EckmanSuperior Court of Pennsylvania · 1913