Tenan v. Cain

Citations

• 188 Pa. 242
• 41 A. 594
• 1898 Pa. LEXIS 601

Syllabus

<p>Ejectment — Mortgage—Scire facias — Terre-tenant—Executors and administrators — Void judgment —Purchaser under defective judgment.</p> <p>A judgment on a scire facias sur mortgage against an executor for want of an affidavit of defense is defective on the face of the record, and a person who purchases the mortgaged premises at a sheriff’s sale under such a judgment takes no title, even if he is without notice of the rights of the terre-tenant who has not been served. If the sheriff’s vendee brings an action of ejectment for the land, and the trial court instead of directing a verdict for the defendant submits the case to the jury, and a verdict and judgment is rendered in favor of the defendant, the Supreme Court will not consider the rulings covered by the assignments of error, since the rulings, whether correct or not, did the plaintiff no injury.</p>