Campbell & Pharo's Appeal
Supreme Court of Pennsylvania
Appeals from the District Court of Philadelphia.* These were appeals by Campbell & Pharo, and John H. Siner & Go., from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of Mary M. Gibbon.
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Appeals from the District Court of Philadelphia.* These were appeals by Campbell & Pharo, and John H. Siner & Go., from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of Mary M. Gibbon. In the early part of the year 1853,- Eli H. Eldridge being then the owner of the lot of ground in question, agreed verbally to sell it to one Robert Q. Gibbon for $650, to be either paid in cash or by Gibbon paying off a mortgage, which covered both this and an adjoining lot belonging to Eldridge; the title to be made when these stipulations were complied with.…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
The mechanics and material-men furnished their work and materials, in this case, entirely on the credit of the equitable estate then in Robert Q. Gibbon. They had neither an equitable nor legal right to anything beyond that estate, and they were as much bound to stand aside in favour of the vendor’s claim for the purchase-money, supported as it was by the legal estate, as Gibbon himself was. .
But it is supposed by their counsel, that there was a door left open by means of which they might enter upon the legal estate, after it was conveyed…
2Cited by6 opinions
- Trunzo v. Citi MortgageDistrict Court, W.D. Pennsylvania · 2012
- Oransky v. StepanavichSupreme Court of Pennsylvania · 1931
- Battistelli v. JacobsonConnecticut Superior Court · 1944
- Battistelli v. JacobsonPennsylvania Court of Common Pleas · 1944
- Case's Petition, Pennsylvania Court of Common Pleas, Bradford County1936
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