Clough v. Welsh

Citations

• 229 Pa. 386
• 78 A. 1000
• 1911 Pa. LEXIS 503

Syllabus

<p>Ejectment — Common source of title — Evidence.</p> <p>1. In ejectment when both parties claim title under a common source, it is unnecessary to make proof of title beyond that source; nor can either party attack such source of title. '</p> <p>Judgment — Lien—Forest county — Act of May 20, 1857, P. L. 612.</p> <p>2. A judgment entered in Jefferson county on November 17, 1857, became a lien on land in that part of the county which was separately organized for judicial purposes as Forest county on December 21, 1857, although the act authorizing such organization was passed on May 20, 1857.</p> <p>Sheriff’s sale — Sheriff’s deed — Irregularities—Curing defects.</p> <p>3. Irregularities in the issuance of the writ of fieri facias and venditioni exponas or in the sheriff’s return to the former are cured by the acknowledgment of the sheriff’s deed in open court.</p> <p>Tax sales — Seated land — Unseated land.</p> <p>4. Where the plaintiff in an ejectment relies upon a tax title, and the defendant seeks to avoid such title by showing that the lands were seated at the time of the assessment of the taxes, the latter must not only show that the lands were seated, but he must also show affirmatively that at the time of the assessment there was sufficient personal property on the premises liable to seizure to pay all the taxes assessed thereon.</p>