Legal Opinion

Horbal v. Moxham National Bank

Supreme Court of Pennsylvania

Decided July 10, 1997No. 24 W.D.1996PublishedCited by 27 opinions

1Opinion of the Court

ORDER

2Per curiam

The Court being evenly divided, the order of the Superior Court is affirmed.

CASTILLE, J., files an Opinion in Support of Affirmance in which FLAHERTY, C.J., and ZAPPALA, J., join. NEWMAN, J., files an Opinion in Support of Reversal in which CAPPY and NIGRO, JJ., join.

OPINION IN SUPPORT OF AFFIRMANCE

CASTILLE, Justice.

The issue on appeal is whether a bank/judgment creditor who purchases the debtor’s real property which has been pledged as collateral for the underlying debt at a sheriffs sale in a mortgage foreclosure action, has the right after the sheriffs sale to liquidate a certificate…

3Cases cited18 opinions

  1. Marks v. TasmanSupreme Court of Pennsylvania · 1991
  2. Cochran v. GAF Corp.Supreme Court of Pennsylvania · 1995
  3. Pennsylvania State University v. County of CentreSupreme Court of Pennsylvania · 1992
  4. Purman EstateSupreme Court of Pennsylvania · 1947
  5. First Pennsylvania Bank, N.A. v. Lancaster County Tax Claim BureauSupreme Court of Pennsylvania · 1983

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4Cited by27 opinions

  1. Hartig Drug Co Inc v. Senju Pharmaceutical Co LtdCourt of Appeals for the Third Circuit · 2016
  2. Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield, in No. 99-3856 v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. In No. 99-3857 Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield, in No. 99-4049 v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb, in No. 99-3858 v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp Inc. Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp Inc. In No. 99-3859 Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb, in No. 99-3898 v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp IncCourt of Appeals for the Third Circuit · 2000
  3. JP Morgan Chase Bank, N.A. v. MurraySuperior Court of Pennsylvania · 2013
  4. Employers Ins. v. Com., Dept. of Transp.Supreme Court of Pennsylvania · 2005
  5. Legal Capital, LLC. v. Medical Professional Liability Catastrophe Loss FundSupreme Court of Pennsylvania · 2000

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