Legal Opinion

Smull v. Jones

Supreme Court of Pennsylvania

Decided May 15, 1841PublishedCited by 15 opinions

ERROR to the Common Pleas of Dauphin county. This was an action of ejectment for a house and lot in Harrisburg, by John Smull against Andrew J. Jones, Theophilus Fenn, William E. Camp, and the Harrisburg Savings Institution. The title to the property,in controversy was in John Smull, the plaintiff.

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ERROR to the Common Pleas of Dauphin county. This was an action of ejectment for a house and lot in Harrisburg, by John Smull against Andrew J. Jones, Theophilus Fenn, William E. Camp, and the Harrisburg Savings Institution. The title to the property,in controversy was in John Smull, the plaintiff. The defendants gave in evidence the record of judgments against John Smull, executions thereupon, and the sale of the property by the sheriff to Andrew J. Jones & Co., and the sheriff’s deed, dated 26th of November 1838, for the consideration of $6680. Also a deed of the 20th of February 1839, by…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

It is not to be doubted that lien creditors, as well as others, may purchase jointly at sheriff’s sale, if all be open and fair. A combination of interests for that purpose is not necessarily corrupt; and if it be forbidden, it must be by some principle of public policy. It certainly has an influence on the biddings, by suppressing competition; but it often does less harm than good. It does no good where the property is put up in small lots ; but it may do much where the estate is beyond the means of the bidders singly. Where the debtor or…

2Cases cited2 opinions

  1. Gilbert v. HoffmanSupreme Court of Pennsylvania · 1833
  2. Snyder ex rel. Etter v. WolfleySupreme Court of Pennsylvania · 1822

3Cited by15 opinions

  1. Hunt v. ElliottIndiana Supreme Court · 1881
  2. Wooton v. HinkleSupreme Court of Missouri · 1855
  3. MacDougall v. Citizens National BankSupreme Court of Pennsylvania · 1919
  4. Jackson v. SummervilleSupreme Court of Pennsylvania · 1850
  5. Phelps v. BensonSupreme Court of Pennsylvania · 1894

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