McLanahan v. Goodman

Citations

• 265 Pa. 43
• 108 A. 206
• 1919 Pa. LEXIS 492

Syllabus

<p>Execution — Sheriff’s sale of land lying in two counties — Sheriff’s deed — Confirmation—Inquest—Waiver—Estoppel—Vend. ex. —Failure to comply with Act of June 13, 1840 — Act of June 16, 1836, P. L. 769.</p> <p>1. Where a tract of land lying in two counties is sold by the sheriff, after fieri facias issued, levy made, and inquisition held, in one county only, and without any compliance with the provisions of the Act of June 13,1840, P. L. 692, no title passes by the sale to the portion of the land lying in the county in which no proceedings were had.</p> <p>2. The lien of a judgment does not extend beyond the county where it is entered.</p> <p>3. Except as authorized by statute, a sheriff cannot levy upon or sell land situated beyond his own county. A writ of vend. ex. does not give him such authority.</p> <p>4. Under the Act of June 13, 1840, P. L. 692, the sheriff’s right to sell land in an adjoining county does not arise until after the return of the inquest, showing the necessity therefor, has been approved by the court.</p> <p>5. The inquisition required by the Act of June 16, 1836, P. L. '¡'69, is for the defendant’s benefit and may be waived by him; but he cannot waive the inquest required by the Act of June 13, 1840, P. L. 692, as that is for the benefit of all the parties in interest.</p> <p>6. Confirmation of a sheriff’s deed cures irregularities and defects, which make the sale voidable, but not such fatal defects as render it void; and lack of power in the sheriff to make the sale is a fatal defect.</p> <p>1. Where lands are sold in one county under proceedings in another county, without compliance with the Act of June 13, 1840, P. L. 692, judgment creditors, who transferred their judgments subsequently to the illegal sale to the county where the lands were situated, and bought in such lands at sheriff’s sales procured by themselves, are not estopped from recovering the lands in ejectment, because they transferred their judgments from the one county to