Boas v. Updegrove
Supreme Court of Pennsylvania
In error from the Common Pleas of Dauphin. June 22. In 1837, Boas obtained a judgment against Updegrove, and having revived it in. 1844, issued a fi. fa., under which land was seized and condemned, and a venditioni issued. At the same time a venditioni issued on another judgment, which was a lien on the land.
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In error from the Common Pleas of Dauphin. June 22. In 1837, Boas obtained a judgment against Updegrove, and having revived it in. 1844, issued a fi. fa., under which land was seized and condemned, and a venditioni issued. At the same time a venditioni issued on another judgment, which was a lien on the land. Before the sale, Martin, the owner of the land, paid the sheriff the amount due on the writs, who then returned the venditioni issued by Boas, “money made by Martin.” - On the 25th November, Martin’s attorney obtained a rule on the sheriff to pay the money into court. On the 28th, the…
1Opinion of the CourtGibson, C. J.
It is true that money paid under a mistake of fact, may in general be recovered back, but the principle is inapplicable to purchase-money paid to a sheriff, who sells no more than the debtor’s title, whatever it may be, of which the purchaser takes the risk, and consents to bear the consequences of his estimate of it. It is this which prevents him from setting up want of title in the debtor, as a defence to an action by the sheriff fojj the purchase-money; or, if paid before discovery of the supposed defect, from following it into court, and demanding an issue to try the title. I admit that…
2Cases cited4 opinions
- Carson v. M'FarlandSupreme Court of Pennsylvania · 1828
- Freeman v. CaldwellSupreme Court of Pennsylvania · 1840
- Espy v. AllisonSupreme Court of Pennsylvania · 1840
- Hunt v. BreadingSupreme Court of Pennsylvania · 1824
3Cited by6 opinions
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- Gould v. McFallSupreme Court of Pennsylvania · 1888
- Copper Belle Mining Co. v. GleesonArizona Supreme Court · 1913
- Rogers v. Metropolitan Life Ins.Superior Court of Pennsylvania · 1930
- Jaffe v. LeathermanSupreme Court of Alabama · 1933
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