Legal Opinion

Rowley v. Brown

Supreme Court of Pennsylvania

Decided December 19, 1803PublishedCited by 3 opinions

IN this case an execution was levied upon the real estate of Webb, consisting of three tenements and the lot of ground upon which they were erected. The lot was so divided in point of fact, that a portion of it was used with each tenement; but an entire ground rent was payable out of the lot by the deed under which Webb held, and there had been no apportionment subsequently agreed upon. The property being condemned, the sheriff sold the whole in one body.

1Per curiam

It is the rule of this court to disallow in every case a lumping sale by the sheriff where from the distinctness of the items of property he can make distinct sales. It is essential to justice and to the protection of unfortunate debtors that this should be the general rule; any other would lead to the most shameful sacrifices of property. There may be exceptions, but the purchaser must bring himself within them. The present case is not one; the tenements and lots vtere here sufficiently distinct both in law and fact, and there was no reason for deviating from the common practice.

Rule…

2Cited by3 opinions

  1. Klopp v. WitmoyerSupreme Court of Pennsylvania · 1861
  2. Day v. GrahamIllinois Supreme Court · 1844
  3. Grim v. ReinboldSupreme Court of Pennsylvania · 1892

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