1 Whart. 514 | Pa. | 1836
The opinion of the Court was delivered by
The chief question here, is settled by the principles laid down in the case of Lancaster v. Dolan, (1 Rawle, 231.) In that case; the conveyance to the trustees, was upon trust “ to permit the party, (who at the time was a feme sole, but contemplated
This brings us to the conclusion, that the plaintiff is entitled to recover, unless he be estopped by the award of the arbitrators.
The submission under which the award was made, has express reference to a summary proceeding commenced before two justices of the peace, therein named, by the defendant as a purchaser at sheriff’s sale of the property in dispute ; which could only have been instituted under the act of the 5th of April, 1802, entitled, “ An act to enable purchasers at sheriff’s and coroner’s sales to obtain possession.” According to the terms of the submission, the question was, “ whether the plaintiff (that is the defendant, who was the plaintiff in that proceeding,) as sheriffs vendee is, or is not, entitled to the possession of the property in dispute.” It is therefore fairly, inferrible that the only question submitted' to the decision of the arbitrators, was, whether agreeably to the provisions of the act, the plaintiff in the proceeding, commenced by him under it, was entitled, he having the sheriff’s deed for it, duly acknowledged in, and certified under the seal of the proper court, to recover the possession. Now it is pretty obvious from the preamble of the act, that the great object for passing it, was to put the purchaser at sheriff’s sale, in possession of the. land bought by him, without any unreasonable delay; and that too, whether the sale was valid or not, so he had a deed for it, acknowledged and certified as mentioned above; because from the inability generally of the owners of lands, so sold, to compensate the purchasers at sheriffs’ sales, for the injury and loss arising from the great delay that attended the recovery of the possession in ejectment, which was the only remedy then in being, and one where the regularity and validity of the sales could be investigated and decided on; the latter had frequently sustained great damage, and been put to much expense without the possibility of remuneration; but still, leaving the owner of the land after he should be evicted from possession by this proceeding, to bring his action of ejectment without prejudice, and thus have the validity of the sale tested. This is demonstrated by the terms of thé first section of the act, which makes the sheriff’s deed, in such summary proceeding, if duly acknowledged in and certified under the seal of the proper court, conclusive evidence of the sale ; and further provides, that no certiorari, which may be issued to remove such proceedings, shall be a supersedeas, or have any effect to prevent or • delay the delivery of tne possession. A judgment in a proceeding under this act, against the defendant, is not even equivalent in its effect to a
Judgment for the plaintiff