Parget v. Stambaugh
Parget v. Stambaugh, 2 Pa. 485 (1846)
Headnotes
A life-estate in improved lands cannot be sold by the sheriff since the acts of 1836 and 1840.
Summary
Error to the Common Pleas of Adams county.
May 18. — This was an ejectment against a purchaser at sheriff’s sale, in August, 1842, of the property of the plaintiff. The title shown was a conveyance to the wife of the plaintiff. Defendant had entered under his deed from the sheriff. It was shown the land yielded a rent.
The court (Durkee, President) charged the jury, that “ The sale of John Stambaugh’s life-estate in the premises in dispute, on the fi. fa., issued against him, was void. The defendant, therefore, acquired no title under it, and the plaintiffs are entitled to recover.”
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Opinion of the Court
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Per Curiam.
— The very point in contest was ruled by this court in Denniston’s Appeal, (1 Penna. State Rep. 201,) a case not published when the cause before us was tried. This cause, however, was properly decided on principle.
Judgment affirmed.
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