Legal Opinion

Wilson v. Stoxe

Supreme Court of Pennsylvania

Decided September 15, 1840PublishedCited by 3 opinions

APPEAL by Martha Wilson from the decree of the common pleas of Fayette county, distributing the proceeds of the real estate of William M’Williams sold at sheriff’s sale. The court referred the case to an auditor, James Veech, Esq., who made the following report of the facts and his conclusions upon them.

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APPEAL by Martha Wilson from the decree of the common pleas of Fayette county, distributing the proceeds of the real estate of William M’Williams sold at sheriff’s sale. The court referred the case to an auditor, James Veech, Esq., who made the following report of the facts and his conclusions upon them. Richard E. Stoxe, the execution creditor above named, was the owner of the real estate levied on and sold, and on the 15th March, 1833, entered into an article of agreement with William M’Williams, the defendant, of which the following is a copy: “This agreement made the 15th day of March, A.…

1Opinion of the Court

The opinion of the court was delivered,by

Gibson, C. J.

The principle of Attwater v. Mathiot, 9 Serg. & Rawle 420, and M’Mullen v. Wenner, 16 Serg. & Rawle 20, is, that the equitable estate of the vendee, to the value of the paid purchase-money, or the legal estate of the vendor to the value of the •purchase-money, for which the title is retained as a security, may be bound by a judgment against the one or the other of them, and sold on it as a separate, independent, and distinct interest in the land; and that the purchaser takes it with the rights and responsibilities of him whom he succeeds.…

2Cases cited4 opinions

  1. Catlin v. RobinsonSupreme Court of Pennsylvania · 1834
  2. Commonwealth v. GillespieSupreme Court of Pennsylvania · 1822
  3. Jackson ex dem. Ireland v. HullNew York Supreme Court · 1813
  4. King v. DiehlSupreme Court of Pennsylvania · 1823

3Cited by3 opinions

  1. Clairton Corp. v. Chicago Title InsuranceSuperior Court of Pennsylvania · 1995
  2. Horbach v. RileySupreme Court of Pennsylvania · 1847
  3. Zeigler, Baker & Co.'s AppealSupreme Court of Pennsylvania · 1871

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