Devine's Appeal
Supreme Court of Pennsylvania
• Appeal from the District Court of Philadelphia. This was an appeal by Mark Devine, from the decree of the District Court, distributing the proceeds of a sheriff’s sale of the real estate of Thomas U. Walter.
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• Appeal from the District Court of Philadelphia. This was an appeal by Mark Devine, from the decree of the District Court, distributing the proceeds of a sheriff’s sale of the real estate of Thomas U. Walter. By deeds, dated the 14th March 1850, George G. Gardiner and others, trustees of Mary Ann Palairet, conveyed to George W. Cólladay five several lots of grounds, in the District of Spring Garden, reserving out of each of them a yearly ground-rent of $113.50, with the usual covenants of distress, re-entry, &c. On the same day, Colladay sold and conveyed the lots to Thomas U. Walter,…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
— It is too well settled longer to be doubted, that a sheriff’s sale of lands under a venditioni exponas, passes to the purchaser only that interest which remained in the debtor after a fixed lien had attached, unless the sale be founded upon a claim superior in right to that of the fixed lien creditor. This was ruled in Mix v. Achla, 7 Watts 316; in Swar’s Appeal, 1 Barr 92; in Lauman’s Appeal, 8 Barr 473; in Northern Liberties v. Swain, 1 Harris 113; and is recognised in Tower’s Appropriation, 9 W. & S. 103. The proceeds of sale are…
2Cases cited2 opinions
- Tower's AppropriationSupreme Court of Pennsylvania · 1845
- Mix v. AcklaSupreme Court of Pennsylvania · 1838
3Cited by4 opinions
- Edgcomb Metals Co. v. Hydro-Temp, Inc., Pennsylvania Court of Common Pleas, Berks County1984
- Rubino v. Cadmus, Pennsylvania Court of Common Pleas, Chester County1970
- Smith's Assigned EstateSuperior Court of Pennsylvania · 1901
- Tremont Township School District v. Western Anthracite Coal Co., Pennsylvania Court of Common Pleas, Schuylkill County1952