Payne v. Bennet
Supreme Court of Pennsylvania
ERROR to the common pleas of Bradford county. This was an action of ejectment by gelah Payne against Benjamin Bennet, upon the trial of which these material facts appeared. Archibald M’Allister had brought an ejectment against Bennet, the father of the present defendant, which was compromised by a purchase by Benjamin Bennet from Archibald M’Allister, for a certain price, which was secured by a mortgage.
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ERROR to the common pleas of Bradford county. This was an action of ejectment by gelah Payne against Benjamin Bennet, upon the trial of which these material facts appeared. Archibald M’Allister had brought an ejectment against Bennet, the father of the present defendant, which was compromised by a purchase by Benjamin Bennet from Archibald M’Allister, for a certain price, which was secured by a mortgage. When it became due it was sued; judgment obtained upon it; a levari facias issued, upon which the land was sold to John M’Allister, who conveyed to the plaintiff, Selah Payne, who brought…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J
Though conceded to be generally true that matters of defence to the scire facias cannot be set up to an ejectment by the sheriff’s vendee, and that a compromise merges all precedent rights, it was given in charge that these principles would not be decisive, if the courses and distances inserted in the mortgage or adopted by reference to the official survey were found to be specifically inapplicable to the land in contest, because the legal effect of the instrument would be to pass a different tract. The facts taken for granted or not…
2Cited by4 opinions
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