Legal Opinion

Gault's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 27 opinions

Appeal from tbe District Court of Philadelphia. This was an appeal by Henry W. Gault from the decree of the court below, directing him to reconvey to William L. Schaffer, Charles J. Ellis, and Samuel T. Roberts, certain lots of ground in the city of Philadelphia, which had been sold by the sheriff, under a municipal claim.

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Appeal from tbe District Court of Philadelphia. This was an appeal by Henry W. Gault from the decree of the court below, directing him to reconvey to William L. Schaffer, Charles J. Ellis, and Samuel T. Roberts, certain lots of ground in the city of Philadelphia, which had been sold by the sheriff, under a municipal claim. The facts of the case are sufficiently stated in the opinion of the court below, which was delivered by Sharswood, P. J.:— “ This is an application for an order on Henry W. Gault, the grantee of the purchaser of certain premises sold under the process of the court, for the…

1Opinion of the Court

The opinion, of the court was delivered by

Woodward, J.

The question that lies at the bottom of this case is, whether the 11th section of the Act of Assembly of 13th May 1856, P. L. 567, giving owners of lots in Philadelphia two years to redeem from sales made for municipal claims, is to be strictly or liberally construed.

The counsel for the appellant insist, that however just and reasonable this enactment may be in its general operation, yet it ought to be so strictly construed as not to embrace this case, because when the sheriff’s sale was made under which he claims, the Act of 23d January…

2Cases cited1 opinion

  1. Chadwick v. MooreSupreme Court of Pennsylvania · 1844

3Cited by27 opinions

  1. Pivirotto v. City of PittsburghSupreme Court of Pennsylvania · 1987
  2. DeJoseph v. Standard Steel Car Co.Superior Court of Pennsylvania · 1930
  3. Haughey v. DillonSupreme Court of Pennsylvania · 1954
  4. Osmer v. SheasleySupreme Court of Pennsylvania · 1908
  5. Philadelphia v. SchaeferSupreme Court of Pennsylvania · 1921

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