Tenan v. Cain

Ejectment — Mortgage—Scire facias — Terre-tenant—Executors and administrators — Void judgment —Purchaser under defective judgment. A judgment on a scire facias sur mortgage against an executor for want of an affidavit of defense is defective on the face of the record, and a person who purchases the mortgaged premises at a sheriff’s sale under such a judgment takes no title, even if he is without notice of the rights of the terre-tenant who has not been served. If the sheriff’s vendee brings an action of ejectment for the land, and the trial court instead of directing a verdict for the defendant submits the case to the jury, and a verdict and judgment is rendered in favor of the defendant, the Supreme Court will not consider the rulings covered by the assignments of error, since the rulings, whether correct or not, did the plaintiff no injury.

Appeal, No. 94, Oct. T., 1898, by plaintiff, from judgment of C. P. Washington Co., Feb T., 1898, No. 42, on verdict for defendant. Ejectment for a tract of land in Hanover township. Before Taylob, J. The facts appear by the opinion of the Supreme Court in this case, and in the case of Mutual Life Insurance Co. v. Tenan, ante, p. 239. Verdict and judgment for defendant. Plaintiff appealed. Errors assigned were various instructions, and rulings on evidence immaterial to this report.