Allen v. Gault
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of assumpsit, brought by Samuel Allen, sheriff of the city and county of Philadelphia, against Henry W. Gault.
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Error to the District Court of Philadelphia. This was an action of assumpsit, brought by Samuel Allen, sheriff of the city and county of Philadelphia, against Henry W. Gault. An action of partition was brought in the District Court for the said city and county to December Term, 1852, No. 544, in which John Miles and Josephine Miles, by her next friend William Hunt, were plaintiffs, and Eben Perry and Josephine Perry, his wife, late Josephine Miles, in right of said Josephine, and George Plitt and Sophia his wife, were defendants, to have partition of a house and lot of ground, No. 30 South…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
It is not necessary, in the view which we take of this ease, to determine whether the rule “ caveat emptor” applies to a purchaser at a sale of lands made by the sheriff under the order of the District Court in an action of partition. It is sufficient for the purposes of the cause to say that such a sale is in pursuance of a judgment' of a court of record — that it can be confirmed or set aside by the judgment of that court alone, and that if the purchaser, to whom the property is sold under such proceedings, have any just reason for…
2Cases cited1 opinion
- Richter v. FitzsimmonsSupreme Court of Pennsylvania · 1835
3Cited by5 opinions
- Kaufmann v. PittsburghSupreme Court of Pennsylvania · 1915
- Dickson v. McCartneySupreme Court of Pennsylvania · 1910
- Perrine v. KohrSupreme Court of Pennsylvania · 1903
- Keely v. Mitros, Pennsylvania Court of Common Pleas, Philadelphia County1947
- Schmucker v. AdamsSuperior Court of Pennsylvania · 1910