Hinderman v. Fisher

Citations

• 42 Pa. Super. 128
• 1910 Pa. Super. LEXIS 301

Syllabus

<p>Execution — Sheriff’s sale — Life estate — Practice, C: P. — Act of January 24, 1849, P. L. 676.</p> <p>1. Under the fourth section of the act of January 24, 1849, a venditioni exponas for the sale of a life estate can only issue by the order of the proper court, on ten days’ previous notice of the application for such writ, to the tenant for life, as directed in the proviso to the fourth section. A sheriff’s sale of a life estate, under a venditioni exponas, issued without such order and notice, is void, and confers no title upon the purchaser. The sheriff’s deed in such a case does not cure the irregularities in the process.</p> <p>2. Where the record of a sheriff’s sale of a life estate does not show that notices of inquisition and of the extension required by the act of January 24, 1849, had been given, parol evidence as to these notices is inadmissible unless their former existence and loss are first established by competent proof.</p> <p>3. In an action by a life tenant to recover possession of the life estate taken from the plaintiff by an invalid sheriff’s sale, the defendant cannot show that the property was dilapidated, and that he had been compelled to make certain repairs of a value stated.</p> <p>4. In such a case the defendant will not be permitted to offer in evidence a petition to set aside the sheriff’s sale, and a prior bill in equity praying for the reconveyance of the property to the plaintiff. As the plaintiff in bringing the ejectment is pursuing the proper remedy her previous attempts to establish her right by wrong remedies cannot be set up against her.</p>