Legal Opinion

Wilson v. Downing

Superior Court of Pennsylvania

Decided April 19, 1897No. Appeal, No. 4PublishedCited by 8 opinions

Appeal, No. 4, Feb. T., 1897, by defendant, from decree of O. P. Centre Co., Nov. T., 1895, No. 7, dismissing exceptions to the judgment of a justice, confirming the same. Certiorari to justice of the peace.

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Appeal, No. 4, Feb. T., 1897, by defendant, from decree of O. P. Centre Co., Nov. T., 1895, No. 7, dismissing exceptions to the judgment of a justice, confirming the same. Certiorari to justice of the peace. It appears from the record that this was a certiorari to a justice of the peace bringing up the record of the justice in summary proceedings had before him by the sheriff’s vendees to recover possession of premises sold at sheriff’s sale under the provisions of the act of June 16, 1836, and the amendment thereto by act of May 24, 1878. After the testimony was closed and an adjournment had…

1Opinion of the Court

Opinion by

Wickham, J.,

The appellees purchased, at sheriff’s sale, a tract of land owned and occupied by Robert W. Downing, and sold on execution as his property. Due notice was given, by the appellees, under the Act of June 16, 1836, P. L. 780, to Downing, and also to the appellant, his wife, and D. O. Downing his son, who were in possession of the land, to remove from and give up the same. This notice being disregarded, proceedings to obtain possession were commenced, before a justice of the peace, against the Downings, under the said act of 1836, and the supplement thereto of May 24, 1878,…

2Cases cited3 opinions

  1. Craig v. First Presbyterian ChurchSupreme Court of Pennsylvania · 1879
  2. Titusville Iron Works v. Keystone Oil Co.Supreme Court of Pennsylvania · 1888
  3. Borough of Millvale v. Evergreen Railway Co.Supreme Court of Pennsylvania · 1890

3Cited by8 opinions

  1. Commonwealth v. CooperSupreme Court of Pennsylvania · 1923
  2. Merritt v. WhitlockSupreme Court of Pennsylvania · 1901
  3. Dunmore Borough ElectionSupreme Court of Pennsylvania · 1930
  4. In re the Incorporation of Borough of EmsworthSuperior Court of Pennsylvania · 1897
  5. Commonwealth v. HallbergSuperior Court of Pennsylvania · 1951

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