Mencke v. Rosenberg

Citations

• 202 Pa. 131
• 51 A. 767
• 1902 Pa. LEXIS 480

Syllabus

<p>Sheriff’s sale — Acknowledgment of deed — Irregularities.</p> <p>The acknowledgment of a sheriff’s deed is a judicial act, and it concludes all mere irregularities, however gross, in the process and sale. After acknowledgment the validity of the title acquired by the purchaser cannot be questioned in a collateral action involving the title, except for the absence of authority or the presence of fraud in the sale.</p> <p>Execution — Sheriffs sale — TestatumJi. fa. — Recording writ in prothonoiarg's office.</p> <p>Where property has been sold by the sheriff under a testatum fi. fa., and a sheriff’s deed has been duly acknowledged, the validity of the deed cannot be attacked as against the purchaser by the trustee in bankruptcy of the defendant in the execution, because the writ of testatum fi. fa. had not been delivered to the prothonotary of the county where the land was situated, and by him entered of record as required by the Act of June 16, 1836, P. L. 775. The failure to record the writ in the prothonotary’s office was a mere irregularity, cured by the acknowledgment of the deed.</p> <p>Execution — Testatum fi. fa. — Authority of sheriff to sell land — Act of June 16, 1836, P. L. 775.</p> <p>Under the Act of June 16, 1836, P. L. 775, the sheriff has authority to sell land situated in his county under a testatum fi. fa. issuing out of the court of common pleas of another county.</p> <p>Bankruptcy — National bankruptcy act of 1898, sec. 67 (f) — Sale of land —Judgment—Act of bankruptcy.</p> <p>Section 67 of the national bankruptcy act of 1898, relating to levies, judgments, attachments or other liens obtained within four months prior to bankruptcy proceedings, applies to a voluntary bankrupt. The words “ against him” used in the section are explained by the 1st section of the act, which says: “A person against whom a petition has been filed shall include a person who has filed a voluntary petition.”</p> <p>Bankruptcy — Judgment — Execution — Act of bankruptcy— T