Kanofsky v. Carey

Opinion by

Porte®, P. J.,

The plaintiff brought this action of trespass against the sheriff of Philadelphia County to recover damages for an alleged wrongful distribution of the proceeds of a sale by the sheriff of real estate. The title to the real estate was vested in Paul Martin Wallace and Celia J. Wallace, his wife, who on September 12,1924, executed and delivered to this plaintiff a bond and mortgage for $1500, which on the same day was duly recorded. The property was sold by the sheriff on April 6, 1925 under proceedings upon a mortgage, the lien of which was prior to that of this…