Lessee of Moorhead v. Pearce
Lessee of Moorhead v. Pearce
Opinion of the Court
The objection respecting the home-seat does not apply here; the land were not sold till the 10th January 1776, and the judgment was entered on the 3d January 1775. But this part of the law has long been deemed obsolete, and has not been pursued.
Undoubtedly a venditioni must issue to sell lands by a sheriff. Impossible proof, however is expected from no man. Whether a pluries venditioni issued in this case, or not, must be left to the jury’s determination, as a matter of fact. It will be their duty to take into con
As to the want of an early acknowledgment of a sheriff’s deed, we determined yesterday, in the case of Duncan’s lessee v. Robeson that it derives its validity from its execution, and that the first act is respected in law. The act of 1705, lb. 12, directs “ that the sheriff shall give the buyer a deed duly executed and acknowledged in court, for what is sold, as has heretofore been used upon the sheriff’s sale of lands.” Most probably some practice of this kind had obtained in early times, on the sheriff’s selling the lands of debtors, which was unknown to the rules of the common law; for on the best examination we have been able to make, we cannot find any previous law enjoining that ceremony. The usage of acknowledging sheriff’s deeds of lands, in the term succeeding the sales, is certainly attended witlfmany conveniences, and ought to be followed; it gives debtors and credit-tors an opportunity of making their complaints on a day certain, which are soon heard and determined, and much time and great expense are .saved thereby. The words of the act however, are only directory, and do not invalidate a sheriff’s deed for want of an acknowledgment in court. Such an acknowledgment does not appear to be indispensibly necessary in all given cases. Suppose a sheriff to execute the deed and receive the money on one day, and die or beeome incapable of acknowledging it afterwards, it would be hard to say that the deed was defective on that account, and that a new sale must be had. On the whole, we think that the present deed maybe supported, without the usual acknowledgment, after so great a lapse of time, and no objection made to it by the debtor ; but in its operation, it is subject to every exception which may be had against a sheriff’s deed on its acknowledgment being tendered in court.
• The defendant held under an application in the name of Love-
Reference
- Full Case Name
- Lessee of Samuel Moorhead against Joseph Pearce
- Cited By
- 3 cases
- Status
- Published