Legal Opinion

Philadelphia Saving Fund Society v. Purcell

Superior Court of Pennsylvania

Decided January 21, 1904No. Appeal, No. 205PublishedCited by 3 opinions

Appeal, No. 205, Oct. T., 1903, by John Black, from order of C. P. No. 2, Phila. Co., March T., 1903, No. 2713, discharging rule to compel the sheriff to amend his return in cáse of Philadelphia Saving Fund Society v. Peter Purcell et al. Rule on sheriff to show cause why his return of sale should not be amended. The facts are set forth in the opinion of .the Superior Court. The court discharged the rule. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Morrison, J.,

The plaintiff, in the court below, issued a scire facias on a mortgage and on May 25, 1903, obtained judgment for $1,513.40. On May 27, 1903, a levari facias was issued thereon and the mortgaged property, 1636 Lombard street, was exposed for sale by the sheriff on July 6,1903. The sheriff made return on his writ that he sold the property therein described to William Allen for $2,500. John Black, the appellant, presented his petition on July 24, 1903, and procured a rule upon the parties and the sheriff to show cause why the sheriff’s return should not be corrected or…

2Cases cited6 opinions

  1. Stroup v. RaymondSupreme Court of Pennsylvania · 1897
  2. Mentz v. HammanSupreme Court of Pennsylvania · 1840
  3. Kennedy v. BakerSupreme Court of Pennsylvania · 1893
  4. Light v. ZellerSupreme Court of Pennsylvania · 1900
  5. Westmoreland Guarantee Building & Loan Ass'n v. NesbitSuperior Court of Pennsylvania · 1902

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Commonwealth v. WegleinSuperior Court of Pennsylvania · 1941
  2. Croisant v. CroisantOregon Supreme Court · 1940
  3. Keely v. Mitros, Pennsylvania Court of Common Pleas, Philadelphia County1947

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