Lessee of Samms v. Alexander

Supreme Court of Pennsylvania
Lessee of Samms v. Alexander, 3 Yeates 268 (Pa. 1801)
Coram, Smith, Yeates

Lessee of Samms v. Alexander

Opinion of the Court

The court said, it was impossible to receive such evidence, however hard the case might appear. If sheriffs’ sales could be avoided by such objections, it would produce the most fatal consequences. The defendant had paid his money, without being apprized of any dispute, confiding in the regularity of the court proceedings.' If indeed Stokeley, the plaintiff, had bought at the sheriff’s sale, this evidence might have been gone into, according to the authority of Goodyer v. Junce, Yelv. 179; but *it is clearly otherwise as to a stranger. The lessor of the plaintiff had ample time to move the Court of Common [*269 Pleas to set aside the sale, and it was his neglect and folly not to have done it. The evidence was overruled, and the jury gave a verdict for the defendant instanter.

Reference

Full Case Name
Lessee of Edward Samms against Henry Alexander
Cited By
2 cases
Status
Published