Vastine v. Fury
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Northumberland county, in an ejectment. The defendants in error, plaintiffs below, claimed under a sheriff’s sale by virtue of a levari facias, in an action in which Levi Hollingsworth was plaintiff, and Mary M'-Lees, executrix of fames M'-Lees deceased, defendant, fames M'-Lees had in his life-time given, a mortgage of the land in dispute to Levi Hollingsworth, who sued out a scire facias against M'Lees’s executrix after his death, and…
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In Error. ERROR to the Common Pleas of Northumberland county, in an ejectment. The defendants in error, plaintiffs below, claimed under a sheriff’s sale by virtue of a levari facias, in an action in which Levi Hollingsworth was plaintiff, and Mary M'-Lees, executrix of fames M'-Lees deceased, defendant, fames M'-Lees had in his life-time given, a mortgage of the land in dispute to Levi Hollingsworth, who sued out a scire facias against M'Lees’s executrix after his death, and obtained judgment by default. A levari facias on the judgment was issued to November Term, 1793, to which the sheriff…
1Opinion of the Court
Tilghman C. J.
(After stating the case.) On the trial „ , . , \ , ' . , or this cause parol evidence was given to explain the transJ actions respecting the two sales, and the Judge delivered a charge, to which the defendant’s counsel excepted. The Judge was requested to give his opinion to the jury on seven points, which are stated in the record. But the exceptions may be reduced in substance to two points. 1st. Was there a judgment and execution sufficient to authorise the sheriff to make a sale. 2d. Had the Court authority to set aside the second sale and confirm the first.
1. That there was…
2Cited by4 opinions
- Carson's SaleSupreme Court of Pennsylvania · 1837
- Righter v. RittenhouseSupreme Court of Pennsylvania · 1832
- Holdship v. DoranSupreme Court of Pennsylvania · 1830
- Spear v. SturdivantSupreme Judicial Court of Maine · 1837