Lessee of Murphy v. M'Cleary
Supreme Court of Pennsylvania
Ejectment for 190 acres of land in Lack township. The cause depended wholly on the validity of a sheriff’s deed. The facts disclosed were as follows : The transcripts of two judgments had before a justice of the peace against Thomas M‘Cleary, one of the defendants, were filed in the prothonotary’s office, in pursuance of the act of 1st March 1745-6, § 3, (1 St. Laws, 306.) Writs of fieri facias, were issued thereon, returnable to April term 1799, on which the premises were…
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Ejectment for 190 acres of land in Lack township. The cause depended wholly on the validity of a sheriff’s deed. The facts disclosed were as follows : The transcripts of two judgments had before a justice of the peace against Thomas M‘Cleary, one of the defendants, were filed in the prothonotary’s office, in pursuance of the act of 1st March 1745-6, § 3, (1 St. Laws, 306.) Writs of fieri facias, were issued thereon, returnable to April term 1799, on which the premises were levied on, and afterwards condemned by inquisition ; and- afterwards writs of venditioni exponas, tested 8th April 1799,…
1Opinion of the Court
Sed per cur.
If there has been any injury done herein, or if the jury have refused to receive evidence of the yearly value of the premises, application should have been made to the court from whence the process issued, to quash the inquisition.
The second exception was, that the premises were struck off at a great under value, not -J-th of what they should have produced.
* Sed per cur. This is no ground of relief, if the sale rilf , was fairly conducted, and due notice given. And it appears that the sale was adjourned from the 13th to the 14th May.
The third exception was, that the sheriff had no…
2Cases cited5 opinions
- Braddee v. BrownfieldSupreme Court of Pennsylvania · 1841
- Cash v. TozerSupreme Court of Pennsylvania · 1841
- Shields v. MiltenbergerSupreme Court of Pennsylvania · 1850
- Carson's SaleSupreme Court of Pennsylvania · 1837
- Dalzell v. Crawford, Pennsylvania Court of Common Pleas, Philadelphia County1842
3Cited by8 opinions
- Gibson v. LyonSupreme Court of the United States · 1885
- Allen v. StephanusTexas Supreme Court · 1857
- Baker v. ClepperTexas Supreme Court · 1863
- Cash v. TozerSupreme Court of Pennsylvania · 1841
- Shields v. MiltenbergerSupreme Court of Pennsylvania · 1850
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