Spang v. Mattes

Citations

• 253 Pa. 101
• 97 A. 1026
• 1916 Pa. LEXIS 791

Syllabus

<p>Beal estate — Sheriff's sale — Purchasers — Possession — Act of April 20, 1905, P. L. 289 — Arbitrators—Award—Entry—Effect— Appeals — Supersedeas.</p> <p>1. Where in proceedings under the Act of April 20, 1905, P. L. 239, to obtain possession of real estate purchased by the petitioner at a sheriff’s sale, defendant’s answer does not controvert any of the facts averred in the petition, but alleges new matter as a defense, and the plaintiff orders the case for hearing on the pleadings, the court may properly determine the case thereupon without ordering a jury trial.</p> <p>2. Under Section 24 of the Act of June 16, 1836, P. L. 715, an award of arbitrators returned to the prothonotary and entered on his docket has the effect of a judgment, and execution may issue thereupon although no formal judgment has been entered.</p> <p>3. Under Section 15 of the Act of May 19, 1897, P. L. 67, providing in effect that appeals may be taken without security in any proceeding, but such appeals shall not operate as a supersedeas except when anyone suing or defending in a representative capacity is the appellant, an appeal.by an executrix from an arbitrator’s award in scire facias proceedings, without the entry of security will not act as a supersedeas, if it appear that the estate of which the appellant is executrix has no interest in the controversy, that in her individual capacity the appellant is the only person having any interest therein, and that she designated herself as executrix as a cloak to hide her interest, and for the purpose of delay.</p> <p>Practice, Supreme Court — Appeals—Paper boohs — Statement of questions involved — Arguments.</p> <p>4. The Supreme Court will not consider points not comprehended in or suggested by the statement of the questions involved.</p>