¶1Opinion of the Court,
¶2The defendant in error recovered against the plaintiff in error a judgment in forcible detainer which this writ of error is prosecuted to reverse.
¶3The defendant in error claims under a sale by the sheriff on an execution issued upon a judgment against the plaintiff in error and another. A supersedeas is now applied for.
¶4The sheriff takes no possession of the premises, on the sale of any interest in realty. Kile v. Giebner, 114 Pa. St. 381.
¶5The subject of the sale here was an unexpired term of thirty months. Chattels real are subject to sale on execution (Sec. 40, Ch. 77, R. S.); and, when the unexpired term does not exceed five years, without redemption (Sec. 3). One entitled to possession under a sale upon execution may maintain forcible detainer. Clause 6, Sec. 2, Ch. 57, R. S.
¶6An estate for years under which the party is entitled to possession is sufficient. Ball v. Chadwick, 46 Ill. 28; Gazzolo v. Chambers, 73 Ill. 75.
¶7The bill of sale by the sheriff to one Baeppler was of all the right, title and interest of the plaintiff in error, and the other defendant in the execution, in and to a certain lease of the first floor of a certain building, and Baeppler, by a bill of sale, transferred all his interest to the defendant in error.
¶8There can be no doubt of the intent of these papers; they are not governed by any statute other than the statute of frauds; and an assignment of a leasehold estate need not be under seal. 2 Taylor, L. & T., Sec. 428.
¶9There is no apparent error in the record and a supersedeas is denied.