Bauer v. Angeny

1. The Supreme Court has jurisdiction — since, as well as prior to the Constitution of 1874 — to issue writs of certiorari to justices of the peace, to bring up the record of statutory proceedings instituted by a purchaser at sheriff’s sale to recover possession of the land purchased. S. In such a case the justice’s transcript showed that the occupant of the premises filed an affidavit that he held under another person than the defendant in the execution. The justice, without issuing a summons to such other party, as required by the 115th section of the Act of June 16th 1886, gave judgment against the occupant, in default of the entry of recognizance with security. Held, to be error.

Certiorari to James Gilkyson, Esq., a justice of the peace of Bucks Co., Ba., to remove the record of certain proceedings instituted before him by Joseph S. Angeny against Leonard Bauer, to recover possession of certain premises purchased by the former at sheriff’s sale, which were in the occupancy of the latter. Of January Term 1882, No. 355. In obedience to this writ, the said justice returned the following transcript Before James Gilkyson, J. B. of Bucks county. Joseph S. Angeny, ) Leonard Bauer. ) v. January 27th 1882. The petition of Joseph S. Angeny, verified by his oath, was presented to me, James Gilkyson, a justice of the peace, setting forth that the petitioner had purchased at sheriff’s sale a certain messuage ana tract of land, known as the New Galena Hotel, situated, .... containing ten acres of land, sold as the property of Eva Maria Klumpp, and that the deed for the same to the petitioner had been duly acknowledged by the sheriff of Bucks county on October 26th 1881. That the said Leonard Bauer, being in possession of said premises and came into possession of the same under Eva Maria IGumpp at the time of this application, was duly notified of the sale of the same to the petitioner and requested to give up said estate three months previously to said application. Whereupon same day warrant was issued to the sheriff of Bucks county commanding him to summon a jury of six men to appear before said justice at the arbitration room in court house on the 31st day of January, at ten o’clock a. m. to inquire of tlio premises, and also to summon the said Leonard Bauer to appear before said justice and jnry'at the same time and place to show cause, if any he had, why delivery of said messuage and tract of ten acres of land should not be delivered to the petitioner. And now, January 31st 1882, the said jury having come before the said justice at the time and place in said warrant named, and the said Leonard Bauer having also appeared, and the said jury having been duly sworn and affirmed, the said justice and jury proceeded to inquire of the premises and found that the said Joseph S. Angeny has become the purchaser of the real estate in the petition mentioned : namely, a certain messuage and tract of land known as the New Galena Hotel, situated, .... containing ten acres of land, more or less, by purchase at sheriff’s sale as the property of Eva Maria Klumpp; and that a sheriff’s deed therefor to the said Joseph S. Angeny was duly acknowledged on the 22d of October last; that the said Leonard Bauer now in possession of said real estate came into possession under Eva Maria Klumpp, the defendant, as whose property such real estate was sold ; that he has had three months’ notice of said sale, and of the requisition of the said Joseph S. Angeny to surrender the possession to him previously to the said application, and that the said Leonard Bauer hath hitherto refused and neglected to comply with said notice and requisition. And the said jury do assess the damages against said Leonard Bauer for the unjust detention of the premises at the sum of $75. January 31st 1882. Leonard Bauer files the following : Bucks County, ss. Leonard Bauer, the above-named person in possession of the premises, the subject of the above proceedings, namely, All that certain messuage, &e., .... being the same premises which Henry Mueller and wife conveyed to Henriette Beuhler in fee, being duly sworn, says that he does not hold the same under Eva Maria Klumpp, the defendant in the execution under which the sale took place, but under Henriette Beuhler, by a lease from said Henriette Beuhler, dated April 11th 1881, for the term of three years. Leonard Bauer. . Sworn and subscribed, &e.