Yost v. Brown

Citations

• 126 Pa. 92
• 17 A. 533
• 1889 Pa. LEXIS 839

Syllabus

<p>(a) In an ejectment by the sheriff’s vendee against the defendant in the judgment upon which the sheriff’s sale was made, the plaintiff proved his judgment, the process of sale, the sheriff’s deed duly acknowledged, with the return to the writ of ejectment, and rested.</p> <p>(b) The defendant, without objection, put in evidence a deed, duly acknowledged and recorded, executed by himself to a third person before the date of the entry of the judgment against him upon which the sheriff’s sale was made, and rested.</p> <p>1. In such case, as the only evidence of the defendant’s possession of the land at the time of the sheriff’s sale was the presumption arising from the service of the writ two months thereafter, and as by § 5, act of March 28,1715,1 Sm. L. 95, possession of land is presumed to have accompanied a deed duly acknowledged and recorded therefor, the presumption in favor of the defendant was the stronger, and the plaintiff was not entitled to recover.</p>