Legal Opinion

Connell ex rel. Ellison & Sons v. Shryock

Supreme Court of Pennsylvania

Decided April 22, 1895No. Appeal, No. 219PublishedCited by 3 opinions

Appeal, No. 219, Jan. T., 1895, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1892, No. 104, on verdict for defendant. Assumpsit to recover the amount of a bid made at a sheriff’,® sale of real estate.

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Appeal, No. 219, Jan. T., 1895, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1892, No. 104, on verdict for defendant. Assumpsit to recover the amount of a bid made at a sheriff’,® sale of real estate. Before Biddle, J. At the trial it appeared that at the time of the sale in June, 1892, the real estate in question was charged with the following incumbrances in the order named: (1) ground rent of $70.00; (2j) mortgage of $1,000; (8) judgment of $902.57, owned and held by John B. Ellison & Sons; (4) mortgage of $1,000. The sale was made upon the last mentioned mortgage.…

1Opinion of the Court

Per Curiam,

There is nothing in the contract on which this suit is based that could by any possibility entitle the legal plaintiff to maintain an action against the defendant for the residue of purchase money, under said contract, after the former had sold and con*487veyed the same property to another person who paid him the full consideration for said conveyance. The learned 'judge' of the common pleas was therefore right in refusing plaintiff’s points for charge, and in directing a verdict for defendant. Judgment affirmed.

2Cited by3 opinions

  1. Pepper v. DeakyneSupreme Court of Pennsylvania · 1905
  2. Hartman v. PembertonSuperior Court of Pennsylvania · 1904
  3. Acker ex rel. Gray v. SnyderSupreme Court of Pennsylvania · 1915

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