Kennedy v. Baker
Supreme Court of Pennsylvania
Appeal, No. 212, Oct. T., 1893, bj*plaintiff, Lillian W. Kennedy, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1892, No. 685, in favor of defendants, William J. Baker, owner, and William Irwin, terre tenant, on special verdict. Ejectment. Before Porter, J. The facts appear by the opinion of the Supreme Court. At the sheriff’s sale notice was given that the defendant in the execution was a minor without guardian and that the proceedings were void.
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Appeal, No. 212, Oct. T., 1893, bj*plaintiff, Lillian W. Kennedy, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1892, No. 685, in favor of defendants, William J. Baker, owner, and William Irwin, terre tenant, on special verdict. Ejectment. Before Porter, J. The facts appear by the opinion of the Supreme Court. At the sheriff’s sale notice was given that the defendant in the execution was a minor without guardian and that the proceedings were void. The execution creditor was the purchaser, from whom defendants claim, but the special verdict does not show how title was derived. Judgment…
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
The land involved in this ejectment was conveyed to appellant when a minor of eight years of age, and, in part payment *149of the purchase money, she executed a mortgage upon the same. Default having been made in the payment of the interest due upon it, a scire facias was issued and returned as served by delivering a copy and making known to her its contents. On June 30,1880, a judgment was obtained by default. On July 3d, following, appellant, by her father as next friend, filed a petition alleging that, because she was a minor, the service of the writ was void,…
2Cases cited5 opinions
- Hartman v. OgbornSupreme Court of Pennsylvania · 1867
- Swain v. Fidelity Insurance, Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1867
- Richardson v. BorightSupreme Court of Vermont · 1837
- Moore v. CornellSupreme Court of Pennsylvania · 1871
- Levan v. MillhollandSupreme Court of Pennsylvania · 1886
3Cited by13 opinions
- Matter of SkellyDistrict Court, D. Delaware · 1984
- Roush v. HerbickSupreme Court of Pennsylvania · 1920
- Matter of Celeste Court Apartments, Inc.District Court, D. Delaware · 1985
- Oransky v. StepanavichSupreme Court of Pennsylvania · 1931
- Philadelphia v. CooperSuperior Court of Pennsylvania · 1905
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