McArthur v. Sherwood

Citations

• 177 Pa. 513
• 35 A. 812
• 1896 Pa. LEXIS 1011

Syllabus

<p>Deeds — Description—Plaintiff's title — Sheriff's sale — Province of court and jury.</p> <p>M. owned a tract of land which called for a tract known as No. 1541 as its adjoiner on the north. The owner of No. 1541 claimed that his southern line was about ninety rods further south than the location given it by M. Two actions of ejectment were brought to try the title to the strip in dispute. The first ejectment was in favor of the northern line, the second in favor of the southern line. S., the owner of No. 1541, immediately after the second ejectment went into possession of the disputed strip. Subsequently under a judgment against M., his land was sold by the sheriff, and the tract was described in the sheriff’s deed as bounded on the north by S. A third ejectment was brought by the heirs of M. against S. At the trial S. claimed that the plaintiffs had no title. Held, (1) that as the facts were undisputed the question of plaintiffs’ right to bring the action was for the court; (2) that the whole of M.’s land with the right to bring a third ejectment passed to the sheriff’s vendee, and that the plaintiffs had no standing whatever to bring the suit.</p>