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· 1/4/1892

Henry v. McClellan

Citations

  • 146 Pa. 34
  • 23 A. 385
  • 1892 Pa. LEXIS 1189

Syllabus

<p>1. The sale of land wherein the defendant has only a life-estate, on a fieri facias from a judgment confessed on a bond waiving inquisition accompanying a mortgage for the same debt, without the notice and leave of court required by §4, act of January 24, 1849, P. L. 676, will convey no . title: Datesman’s App., 127 Pa. 348, distinguished.</p> <p>2. The proceedings for such sale being adverse to the life-tenant throughout, the latter, defending in ejectment against one holding under the sheriff’s vendee, is not estopped from alleging the invalidity of the sale, by the fact that the proceeds were applied in discharge of the judgment : Gardner v. Sisk, 54 Pa. 508, followed.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • words must be read in context of the purposes sought by the agreement
  • limitation required bailor to declare items of extraordinary value

Source: CourtListener parenthetical corpus (CC0).

Judges: Clark, Collum, Mitchell, Paxson, Stereett, Sterrett, Williams

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.