Albright v. Lehigh Coal & Navigation Co.

Citations

• 203 Pa. 65
• 52 A. 33
• 1902 Pa. LEXIS 652

Syllabus

<p>Execution — Sheriffs sale — Waiver of inquisition — Award of arbitrators— Appeal.</p> <p>Where an award of arbitrators has been filed and an appeal therefrom taken without costs paid or recognizance filed, and thereafter the defendant in the execution deposits a paper in the prolhonotary’s office by which he waives inquisition, and subsequently execution issues, and the real estate of the defendant is sold at sheriff’s sale, such sale cannot after the expiration of seventy-five years be successfully assailed, either on the ground that there was no legal judgment pending the appeal, or because the paper containing the waiver of inquisition had not been marked “filed ” by the prothonotary.</p> <p>Execution — Sheriff's sale — Name of defendant.</p> <p>In 1818 real estate was sold at sheriffs sale as the property of “Burk-hart Moser.” In the year prior to the sale the defendant deposited in the prothonotary’s office a paper waiving inquisition, which he signed as “ Burkhardt Moser.” The “ s ” used in the signature was the old fashioned long “ s ” now sometimes used in English to double the “ s ” but at the date of the writing it signified,but one“s”. There were a number of judgments against the defendant at that time. Generally his name was spelled by the officers writing it as “ Moser,” occasionally as “ Mosser.” There was no evidence that any other than the named defendant in the judgment then lived in the neighborhood. It was clear that he lived on the land in dispute. There was evidence that in 1832, a “Burkhard Moser” died, and that in 1849, a “ Burkhart Mosser, Jr.” died. The name of the record owner in 1818 as shown by the deed was “ Burkhard Mosser.” Held, that the evidence was insufficient to raise any doubt or uncertainty as to the defendant in the suit being the owner of the land sold.</p>