Everly v. Harrison

Citations

• 167 Pa. 355
• 31 A. 668
• 1895 Pa. LEXIS 910

Syllabus

<p>Lunacy — Traverse—Deed—Ejectment—Evidence.</p> <p>> In an action of ejectment to recover land conveyed to defendant, it appeared that an inquisition in lunacy found that the grantor had been a lunatic for more than two years prior to the date of the inquisition, with lucid intervals, and the deed had been executed when the grantor “ had not a lucid interval.” The lunatic filed a traverse to the inquisition, but withdrew it before the ejectment was brought. It further appeared that a judgment had been entered against the lunatic prior to the beginning of the two years found by the inquisition. Within the two years execution was issued upon the judgment, and the lunatic gave money to defendant in the ejectment, who was also the grantee in the deed, to pay the judgment, which he promised to do, but instead thereof he allowed the property to be sold at sheriff’s sale, and bid it in himself. Held, (1) that the record of lunacy proceedings was properly admitted in evidence, and (2) that no title passed to the defendant by the sheriff’s sale.</p>