Legal Opinion

Russell's Appeal

Supreme Court of Pennsylvania

Decided March 24, 1851PublishedCited by 6 opinions

This was an appeal from the decree of the Court of Common Pleas of Wayne county, making distribution of the proceeds of sale of real estate, sold at sheriff’s sale as the property of H. D. Roberts.

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This was an appeal from the decree of the Court of Common Pleas of Wayne county, making distribution of the proceeds of sale of real estate, sold at sheriff’s sale as the property of H. D. Roberts. Roberts, the defendant in the several judgments, and from the sale of whose real estate by the sheriff arose the moneys in controversy, purchased said real estate on the 11th day of April, 1846, of Caleb Dunn, by articles of agreement under seal, for the sum of $800. On the 1st day of May, 1847, Roberts had paid t $463 on said contract. On the 1st day of December, 1848, there was a balance due and…

1Opinion of the Court

The opinion of the court was delivered by

Coulter, J.

Roberts, the defendant, as whose estate the land was sold, purchased it by articles of agreement, dated 11th April, 1846, for $800, of which he paid $463, went into possession, and remained in possession until the sale and distribution of the money below. Roberts became embarrassed with debts, and on the 5th July, 1848, he executed to Stone & Graves and Graves & Moore an assignment of the contract with Dunn under which he held the land, and all his right and title thereby acquired, as collateral security for the amount due them.

This…

2Cases cited2 opinions

  1. Jaques v. WeeksSupreme Court of Pennsylvania · 1838
  2. Kerr v. GilmoreSupreme Court of Pennsylvania · 1837

3Cited by6 opinions

  1. Snow v. SnowCourt of Appeals for the D.C. Circuit · 1921
  2. Montgomery County ex rel. Becker v. Merscorp, Inc.District Court, E.D. Pennsylvania · 2014
  3. Commerce Bank v. Bello, Pennsylvania Court of Common Pleas, Dauphin County1991
  4. In re PritchardDistrict Court, M.D. Pennsylvania · 1912
  5. Mikael Judah and Laura Judah v. EMC Mortgage Corporation, Texas Court of Appeals, 3rd District (Austin)2015

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