Taylor v. Young
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 143, to Julv Term 1871. This was an action of ejectment, brought May 14th 1870, by Richard Young against Sarah Taylor, for real estate in the Fifth ward, Philadelphia.
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Error to the District Court of Philadelphia: No. 143, to Julv Term 1871. This was an action of ejectment, brought May 14th 1870, by Richard Young against Sarah Taylor, for real estate in the Fifth ward, Philadelphia. The plaintiff claimed as purchaser of the land at sheriff’s sale as the property of-Robert Barnet, Jr.; the defendant defended as the guardian of the minor children of Barnet, who was dead, alleging that the title of Barnet had not passed by the sale, because he, being dead at the time of the judgment, no process had been issued to warn his representatives before execution had…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
If this case stood upon the aspect of the judgment alone, after a return of two nihils, it would be governed by Warder v. Tainter, 4 Watts 270, and Hartman v. Ogborn, 4 P. F. Smith 120. The return of nihil habet to two successive writs of scire facias are held to be eqivalent to a return of scire feci; and scire feci implies that the defendant is alive ; for otherwise the sheriff ought to have returned mortnus est. This is purely technical, but it is necessary to protect persons buying at sheriff’s sale on the faith of the judgment. The…
2Cases cited7 opinions
- Warder v. TainterSupreme Court of Pennsylvania · 1835
- Fetterman v. MurphySupreme Court of Pennsylvania · 1835
- Chambers v. CarsonSupreme Court of Pennsylvania · 1837
- Compher v. AnawaltSupreme Court of Pennsylvania · 1834
- Chambers v. CarsonSupreme Court of Pennsylvania · 1836
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- Federal Land Bank of Balto. v. KingSupreme Court of Pennsylvania · 1928
- Collins v. PhillipsSupreme Court of Pennsylvania · 1912
- Philadelphia v. CooperSuperior Court of Pennsylvania · 1905
- Hiyer v. HaywardSuperior Court of Pennsylvania · 1900
3 more not listed; retrieve them via the Exa API.