Evans v. Maury
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term, 1886, No. 59. This was a rule obtained by Gernant S. Maury, defendant in the execution, and Rebecca Maury, a lien creditor, upon Miller M. Evans, purchaser-at sheriff sale- of the real estate of Gernant S. Maury, to show cause why the sheriff’s deed to Evans should not be cancelled, and the sheriff’s sale of said real estate should not be set aside.
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Error to the Court of Common Pleas of Berks county: Of January Term, 1886, No. 59. This was a rule obtained by Gernant S. Maury, defendant in the execution, and Rebecca Maury, a lien creditor, upon Miller M. Evans, purchaser-at sheriff sale- of the real estate of Gernant S. Maury, to show cause why the sheriff’s deed to Evans should not be cancelled, and the sheriff’s sale of said real estate should not be set aside. This rule was granted upon the allegations of the petitioners that by a mistake 'in law they were led to believe that the lien of a mortgage upon this real estate would not be…
1Opinion of the CourtJustice Paxson
This record raises the single question, whether the Court of Common Pleas can, after a sheriff’s sale has been confirmed, the purchase money paid, the deed acknowledged, recorded, and delivered to the purchaser, and possession of the premises taken by him, in a summary proceeding upon a rule to show cause, set aside the sale and compel the purchaser to deliver up the deed to be cancelled. The court below thought it had such power, and exercised it, of which ruling the plaintiff in error, who was the' purchaser at the sheriff’s sale, complains.
The sale was made on the 6th day of December,…
2Cases cited1 opinion
- Gilbert v. HoffmanSupreme Court of Pennsylvania · 1833
3Cited by11 opinions
- Morrison v. BurnetteCourt of Appeals for the Eighth Circuit · 1907
- Knox v. NoggleSupreme Court of Pennsylvania · 1937
- Media Title & Trust Co. v. KellySupreme Court of Pennsylvania · 1898
- Beckman v. Altoona Trust Co.Supreme Court of Pennsylvania · 1938
- Lengert v. ChaninelSupreme Court of Pennsylvania · 1904
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