Wilson v. Downing

Citations

• 4 Pa. Super. 487
• 1897 Pa. Super. LEXIS 150

Syllabus

<p>Practice, O. P. — Sheriff's sale — Summary proceedings — Insufficient affidavit.</p> <p>In summary proceedings, by a purchaser at a sheriff’s sale to obtain possession of realty, authorized by the Act of June 16, 1836, P. L. 780, an affidavit not strictly complying with the terms of the act is invalid.</p> <p>An affidavit is inadequate which attempts to meet conditions arising un-' der secs. 114 or 115 of the act of 1836, by using the form of. oath prescribed, by see. 116, which form is not intended for nor adapted to the conditions covered by either of the former sections.</p> <p>Statutes — Constitutional law — Executions—Act of 1878.</p> <p>The Act of May 24, 1878, P. L. 134, relating to executions is constitutional. Its provisions are within the limits suggested by its title. It does not offend against art. III. sec. 6, of the constitution forbidding amendments and extensions of acts by mere reference to the title.</p>