Vierheller's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the District Court of Allegheny county. This was an appeal by George Philip Yierheller, from the decree of the Court confirming an auditor’s report relative t.o distribution of proceeds of sheriff’s sale of the land of Christian Pack.
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Appeal from the decree of the District Court of Allegheny county. This was an appeal by George Philip Yierheller, from the decree of the Court confirming an auditor’s report relative t.o distribution of proceeds of sheriff’s sale of the land of Christian Pack. G. E. Warner and Jacob Painter, by articles of agreement, dated July 30, 1844, sold to Michael O’Neil a certain lot of ground situated in the reserve tract, for the sum of $850, to be paid in eight years from the date thereof; the deed to be made upon payment of the same. O’Neil took possession, and after-wards, by articles of…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, J.
In Autwater v. Mathiot, 9 Ser. & R. 397, and McMullen v. Wenner, 16 Ser. & R. 18, it was held that judgments against vendors and vendees under articles of agreement bind the interests of each judgment-debtor, and nothing beyond. So that on a sale of the interest of the vendor on a judgment against him, the purchaser at sheriff’s sale takes precisely his title subject to the equitable estate of the vendee, and the proceeds of the sale are distributed among the lien creditors of the vendor according to their priority. In like manner, on a sale…
2Cases cited1 opinion
- Love v. JonesSupreme Court of Pennsylvania · 1835
3Cited by2 opinions
- Love v. Kradel (In Re Love)United States Bankruptcy Court, D. Massachusetts · 1983
- In re ClarkDistrict Court, M.D. Pennsylvania · 1902