Legal Opinion

Durborrow's Appeal

Supreme Court of Pennsylvania

Decided June 11, 1877PublishedCited by 1 opinion

Certiorari sur appeal from the Court of Common Pleas of Huntingdon county: Of May Term, 1877, No. 152. The proceedings in the court below were as follows :— J. Hall .Musser filed a bill in equity against J. R. Durborrow, which set forth in substance :— That on and prior to the 24th day of March 1873, J. R. Durborrow and John A. Nash, under the firm name of J. R. Durborrow & Co., were publishing The Huntingdon Journal newspaper, and were in possession of certain printing…

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Certiorari sur appeal from the Court of Common Pleas of Huntingdon county: Of May Term, 1877, No. 152. The proceedings in the court below were as follows :— J. Hall .Musser filed a bill in equity against J. R. Durborrow, which set forth in substance :— That on and prior to the 24th day of March 1873, J. R. Durborrow and John A. Nash, under the firm name of J. R. Durborrow & Co., were publishing The Huntingdon Journal newspaper, and were in possession of certain printing presses, types, stock, materials, &c., used in carrying on the same, the said Durborrow claiming in the same an undivided…

1Opinion of the CourtJustice Paxson

This case is saturated with error. The vice of it runs through all the proceedings in the court below back to the transactions of the parties based upon the sheriff’s sale of the appellant’s interest in the property in question. There appears to have been an entire misapprehension of the legal effect of that sale, resulting in protracted proceedings in equity when there was no jurisdiction, and culminating in a decree which the court below was powerless to enforce. Briefly stated, the sheriff’s sale passed nothing but the interest of the appellant, whatever it may be, in the property levied…

2Cited by1 opinion

  1. Dengler v. BuettnerSupreme Court of Pennsylvania · 1889

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