Morrison v. Wurtz
Supreme Court of Pennsylvania
ERROR to the common pleas of Somerset county. Maurice and William Wurtz for the use of William Meredith against Abraham Morison. Case stated in the nature of a special verdict. The above named plaintiff, on the 21st of November 1818, obtained a judgment by confession against John Coffroth in the above named court. A fieri facias issued upon the judgment returnable to August term 1820, No. 70, which was levied upon a house and half lot in the borough of Somerset.
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ERROR to the common pleas of Somerset county. Maurice and William Wurtz for the use of William Meredith against Abraham Morison. Case stated in the nature of a special verdict. The above named plaintiff, on the 21st of November 1818, obtained a judgment by confession against John Coffroth in the above named court. A fieri facias issued upon the judgment returnable to August term 1820, No. 70, which was levied upon a house and half lot in the borough of Somerset. A pluries venditioni exponas issued, returnable to August term 1822, No. 33, and the properly was sold to the defendant for 575…
1Per curiam
When this court determined, as it did since the argument in Stoever v. Rice, 3 Whart. Rep. 24, that a sale by a sheriff is attended with the ordinary consequences of a sale by an individual, it decided the point before us. The purchaser may not be entitled to the possession or the rents and profits before his deed has been acknowledged, but he has, by the contract, an inceptive interest in the soil, which may be bound by a judgment, on the principle of Clarkhuff v. Anderson, 3 Binn. 4, and which, when perfected by payment and a conveyance, gives the incumbrancer, by relation, the benefit of…
2Cases cited1 opinion
- Carkhuff v. AndersonSupreme Court of Pennsylvania · 1810
3Cited by16 opinions
- Wells Fargo Bank, N.A. v. LongSuperior Court of Pennsylvania · 2007
- Miller v. ZufallSupreme Court of Pennsylvania · 1886
- Demmy's AppealSupreme Court of Pennsylvania · 1862
- Stephens's AppealSupreme Court of Pennsylvania · 1844
- Penington v. CoatsSupreme Court of Pennsylvania · 1841
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