Lengert v. Chaninel
Supreme Court of Pennsylvania
Appeal, No. 191, Jan. T., 1903, by defendant, from orders of C. P. No. 2, Pbila. Co., Dee. T., 1901, No. 4198, discharging rule to set aside sheriff’s sale, and making absolute rule for restitution in case of Michael A. Lengert v. William D. Chaninel and Edward D. Chaninel. Rulé to set aside sheriff’s sale and rule for restitution. The opinion of the Supreme Court states the ease.
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Appeal, No. 191, Jan. T., 1903, by defendant, from orders of C. P. No. 2, Pbila. Co., Dee. T., 1901, No. 4198, discharging rule to set aside sheriff’s sale, and making absolute rule for restitution in case of Michael A. Lengert v. William D. Chaninel and Edward D. Chaninel. Rulé to set aside sheriff’s sale and rule for restitution. The opinion of the Supreme Court states the ease. Errors assigned were (1) in discharging the rule to set aside sale; (2) in making absolute rule for restitution of the proceeds of the sale. n-
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff in an action on a mortgage obtained judgment *231for want of a sufficient affidavit of defense. The defendants appealed, but failed to make the appeal a supersedeas by entering security, as required by the Act of May 19, 1897, P. L. 67. The plaintiff, notwitstanding the appeal, proceeded to collect his judgment and caused the land to be sold by the sheriff, and through his attorney became the purchaser thereof. Twenty days after the acknowledgment and delivery of the sheriff’s deed, the judgment was reversed by this court on the ground that the averments…
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