Horbach v. Riley
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Indiana. Oct. 22. - Horbach entered into articles to convey to Riley, who paid $50 of the purchase-money. Judgment was then recovered by the appellee against Riley. . Subsequently to this judgment, Horbach brought covenant for the unpaid purchase-money under the articles, and judgment having been confessed, the land was sold thereunder at sheriff’s sale, and Horbach purchased it.
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Appeal from the Common Pleas of Indiana. Oct. 22. - Horbach entered into articles to convey to Riley, who paid $50 of the purchase-money. Judgment was then recovered by the appellee against Riley. . Subsequently to this judgment, Horbach brought covenant for the unpaid purchase-money under the articles, and judgment having been confessed, the land was sold thereunder at sheriff’s sale, and Horbach purchased it. The court below awarded the proceeds to the earlier judgment, on the authority of Wilson v. Stoxe, 10 Watts, whereupon Horbach appealed.
1Opinion of the CourtRogers, J.
In Day v. Lowrie, 5 Watts, 412, it is ruled that if a vendor of land who retains the legal title and enters a judgment for the purchase-money, sells the land in the possession of the vendee by execution, and purchases it himself, he thereby *82rescinds the contract, and disables himself from making any further claim upon it. And as a consequence, from this principle the court ordered the proceeds of the sale to be paid to the judgment of the vendor in preference to a judgment entered subsequently to the date of the agreement, and prior to the judgment of the vendor.' The appellant complains that…
2Cases cited3 opinions
- Love v. JonesSupreme Court of Pennsylvania · 1835
- Day v. LowrieSupreme Court of Pennsylvania · 1836
- Wilson v. StoxeSupreme Court of Pennsylvania · 1840
3Cited by1 opinion
- In re ClarkDistrict Court, M.D. Pennsylvania · 1902