Sallada v. Mock

Citations

• 271 Pa. 212
• 114 A. 652
• 1921 Pa. LEXIS 483

Syllabus

<p>Ejectment — Evidence—Common source of title — Sheriff’s sale— Relationship — Ouster—Adverse possession — Notice — Presumption —Assessment boohs — Tax receipts — Affidavit of defense — Sci. fa. sur mortgage.</p> <p>1. In ejectment it is not necessary to show title back of the common source.</p> <p>2. When the sheriff sells land of a defendant in a judgment, who is in possession, defendant cannot make a defense against the purchaser, as the latter acquires a right to defendant’s possession at least, which will support ejectment against him.</p> <p>3. A judicial sale of real estate made by the sheriff may be considered a sale. by operation of law, and at least as binding and conclusive upon defendant in the execution, as if he had made it himself in person or by his attorney, duly authorized.</p> <p>4. Where defendant in the execution continues in possession after the sheriff’s sale in subordination to the title of the sheriff’s vendee, the presumption is that the possession so continues, and proof sufficient to overcome the presumption must show that the holder of the record title had express notice that the party in possession was claiming adversely.</p> <p>5. If, in such ease, acts or declarations are relied upon to show adverse possession, they must be equivalent to an actual ouster.</p> <p>6. Where, on a scire facias to foreclose a mortgage, an affidavit of defense is filed, such affidavit cannot be set up as the inception of an adverse possession by the defendant in the execution as against the purchaser at the sheriff’s sale following a judgment in the proceeding ; and this is especially the case, where the affidavit set up nothing by way of title, and the purchaser is a brother-in-law óf the defendant, and the former never made any objection to the defendant remaining in possession, although the record title was in himself.</p> <p>7. Under such circumstances, it would take strong proof of a hostile holding to start the inception of a title by adverse possess