Stonebreaker v. Short
Supreme Court of Pennsylvania
In error from the Common Pleas of Huntingdon county. The question in this ejectment was on a disputed boundary between two tracts. The plaintiff, in proving his title, gave in evidence the registry in the prothonotary’s office of the acknowledgment of a sheriff’s deed for land sold under an execution. He then gave evidence that the original deed had been delivered to Stewart, one of the defendants.
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In error from the Common Pleas of Huntingdon county. The question in this ejectment was on a disputed boundary between two tracts. The plaintiff, in proving his title, gave in evidence the registry in the prothonotary’s office of the acknowledgment of a sheriff’s deed for land sold under an execution. He then gave evidence that the original deed had been delivered to Stewart, one of the defendants. Notice to produce having been given, Stewart was called, and said he had not brought the deed with him. The plaintiff then read in evidence a copy of the deed from the recorder’s office, entered in…
1Opinion of the CourtRogers, J.
The preliminary evidence was sufficient to show that the sheriff’s deed was in existence, and in the possession of David Stewart, one of the defendants. Gilbert L. Lloyd, who purchased part of the property sold on a mortgage given by William McDumont, the owner, by title derived by several mesne conveyances from the patentee, thinks he had the sheriff’s deed in his possession, and that when he sold and conveyed the property to Short, Stewart, and Lyon, he delivered all the title-deeds. He cannot, it is true, remember the sheriff’s deed particularly, but he thinks he got it from Orbison, the…
2Cases cited1 opinion
- Stevenson's EstateSupreme Court of Pennsylvania · 1839
3Cited by1 opinion
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902