Riffert v. Lehigh Valley Coal Co.

Citations

• 232 Pa. 629
• 81 A. 810
• 1911 Pa. LEXIS 777

Syllabus

<p>Sheriff’s sale — Irregularities—Parties—Executors and administrar tors — Ejectment—Record—Evidence—Sheriff’s deed.</p> <p>1. Where an administrator d. b. n. c. t. a. is substituted as a defendant in a judgment after a writ of venditioni exponas has been issued and stayed, and thereafter he permits a pluries writ to be issued and the property to be sold by the sheriff, and a sheriff’s deed executed and acknowledged, the substituted defendant will be held to have waived any irregularities that would have affected the innocent purchaser at the sale, such for instance as the fact that the executor of the defendant was the substituted defendant at the time the fieri facias had issued, although prior to such time he had renounced as executor.</p> <p>2. A sheriff’s sale cannot be successfully attacked sixty years after its date in an action of ejectment, because the purchaser at the sale had been an assignee for the benefit of creditors of the defendant in the execution, where there is no evidence to show that the purchaser at the sale had ever accepted under the deed of assignment, or ever knew that he was named therein.</p> <p>3. In an action of ejectment where the defendants rely on a sheriff’s deed executed and recorded sixty years prior to the date of the action, it is immaterial that one of the writs of execution cannot be found, where the record shows that the writ was issued.</p> <p>4. Where a sheriff’s deed was recorded in the sheriff’s deed book in 1840, it is immaterial that no minute of the acknowledgment of the deed appeared in the common pleas minutes of that year.</p>