Legal Opinion

Seltzer v. Boyer

Supreme Court of Pennsylvania

Decided April 12, 1909No. Appeal, No. 246PublishedCited by 7 opinions

Appeal, No. 246, Jan. T., 1908, by defendants, from order of C. P. Lebanon Co., March T., 1906, No. 62, dismissing exceptions to sheriff’s sale of real estate in case of Rebecca H. Seltzer v. Ellen B. Boyer, and her husband, Bassler Boyer, Mortgagors, and Ellen Boyer, Terre-Tenant, with notice to other terre-tenants. Exceptions to sheriff’s sale of real estate.

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Appeal, No. 246, Jan. T., 1908, by defendants, from order of C. P. Lebanon Co., March T., 1906, No. 62, dismissing exceptions to sheriff’s sale of real estate in case of Rebecca H. Seltzer v. Ellen B. Boyer, and her husband, Bassler Boyer, Mortgagors, and Ellen Boyer, Terre-Tenant, with notice to other terre-tenants. Exceptions to sheriff’s sale of real estate. Before Ehrgood, P. J. The opinion of the Supreme Court states the case. ■ Errors assigned were in the following form: First Specification of Error. — The court erred in its finding and holding, in its opinion dismissing the exceptions…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

This appeal is from the order of the court below dismissing exceptions to the confirmation of a sheriff’s sale of real estate, confirming the sale and directing the sheriff to execute and deliver to the purchaser a deed for the premises sold.

Rebecca II. Seltzer issued a scire facias upon a mortgage of Ellen B. Boyer and her husband, Bassler Boyer, and obtained judgment against the defendants for want of an affidavit of defense. On February 5, 1908, a pluries levari facias was issued upon this judgment, and the sheriff levied thereunder upon the mortgaged premises…

2Cases cited2 opinions

  1. Estate of FullertonPennsylvania Orphans' Court, Armstrong County · 1892
  2. Johnston's EstateSupreme Court of Pennsylvania · 1909

3Cited by7 opinions

  1. Robertson v. VandergriftWest Virginia Supreme Court · 1937
  2. Condron v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1911
  3. Commonwealth v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1926
  4. Standard Soap & Oil Co. v. Printz Degreasing Co.Supreme Court of Pennsylvania · 1911
  5. Yerger v. HunnSupreme Court of Pennsylvania · 1911

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