Simons v. Kern
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia, county: Of July Term 1879, No. 115. Ejectment by Walter R. Kern against Samuel Simons for a messuage and tract of land on the northeast corner of Thirty-second and Pearl streets, in the city of Philadelphia.
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Error to the Court of Common Pleas, No. 3, of Philadelphia, county: Of July Term 1879, No. 115. Ejectment by Walter R. Kern against Samuel Simons for a messuage and tract of land on the northeast corner of Thirty-second and Pearl streets, in the city of Philadelphia. At the trial the plaintiff offered in evidence the record of a suit in the Court of Common Pleas, No. 1, by the City of Philadelphia to the use of Joseph W. Maull against Samuel Simons on a claim for work done on a culvert in front of the premises in dispute. A prsecipe for a seir.e facias issued on the lien filed, and was…
1Opinion of the CourtJustice Sterrett
The question in this case is, whether the sheriff’s sale, on which the defendant in error bases his claim to the lot in controversy, was valid or void. The plaintiff in error contends that it was void, for want of authority, and consequently his title was not divested thereby. If this be so, there was error in entering judgment against him on the question of law reserved.
It appears that in June 1870, immediately after he acquired title to the lot, his deed was duly registered in the registry bureau of the survey department of the city, and, on the following day, recorded in the office of the…
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