Young v. Stone
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Wayne county. Henry B. Stone and Hosea H. Arnold against George Young and Aaron Young, administrators of David Young deceased.
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ERROR to the Common Pleas of Wayne county. Henry B. Stone and Hosea H. Arnold against George Young and Aaron Young, administrators of David Young deceased. This was an action of assumpsit, founded upon the following facts, as set out in the plaintiff’s declaration: The plaintiffs were the owners of an estate called the “ Torrey Mill property,” upon which there was an encumbrance in favour of H. T. Allen & G. Allen of $2500. They agreed to sell the property to the defendant’s intestate for $5000, in consideration of which he agreed to pay $500 in hand, to pay the encumbrance to the Allens, and…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
— In one point, and one only, do we think there is an error in the opinion of the court below; and that is, in the instruction to the jury, that nothing but the amount of the sheriff’s sale could be applied to the payment of the judgment of the Allens. The principles of justice and equity, as well as of sound policy, require the contrary. The Allens holding a mortgage and judgment against the property, undertake to treat it as theirs, fix a price on it, and from the control which their levy and execution gaye them, may be deemed, pro hac…
2Cases cited1 opinion
- Trevor v. PerkinsSupreme Court of Pennsylvania · 1840
3Cited by3 opinions
- Lennig's EstateSupreme Court of Pennsylvania · 1866
- Penn Discount Corp. v. SharpSuperior Court of Pennsylvania · 1936
- Melown Et Ux. v. Penn Real Est. Co.Superior Court of Pennsylvania · 1935