Mantz v. Kistler

Citations

• 221 Pa. 142
• 70 A. 545
• 1908 Pa. LEXIS 451

Syllabus

<p>Execution — Identity of defendant in the execution — Sheriff’s sale — Stay of sale — Injunction—Equity—Jurisdiction—Adequate remedy at law.</p> <p>In Pennsylvania a creditor is allowed to sell any title alleged to be in the debtor, and to try the validity of it afterwards in an action of ejectment by the purchaser.</p> <p>A person named as defendant in an execution cannot maintain a bill in equity to restrain a sheriff's sale of his property on the ground that he is not in fact the defendant, but that another person of similar or identical name is the defendant. Such a question is one of fact for the decision of a jury. The court will permit the sale to go on, and let the question raised by the person named as defendant be decided by a jury in an action of ejectment brought by the purchaser at the sale against the defendant named.</p>