Slater's Appeal
Supreme Court of Pennsylvania
This was an appeal from the decree of the Court of Common Pleas of Schuylkill county, distributing the proceeds of a sheriff’s sale of certain real estate.
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This was an appeal from the decree of the Court of Common Pleas of Schuylkill county, distributing the proceeds of a sheriff’s sale of certain real estate. The property sold was known as the “ Pottsville House,” and was formerly owned by George H. Stichter, who executed a mortgage to the Miners’ Bank of Potts-ville upon it, and under proceedings upon which the property was sold to George W. Slater for $8000. After satisfying the mortgage, debt and costs, there remained the sum of $2468.02, which was in court for distribution. The same property had been sold on the 6th December, 1850, at…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
A purchaser of land at sheriff’s sale cannot, before he obtains his deed, institute proceedings to recover the possession, 5 S. & R. 157, nor make a lease of the premises that will estop his tenant from disputing his title, 1 Penn. R. 402; but still he has, by the contract, an inceptive interest in the soil, which may be bound by a judgment, and which, when perfected by payment and a conveyance, gives the encumbrancer, by relation, the benefit of his security to the extent of the whole estate: Morrison v. Wurtz, 7 Watts 438, recognised and…
2Cases cited2 opinions
- Ragan's EstateSupreme Court of Pennsylvania · 1838
- Stephens's AppealSupreme Court of Pennsylvania · 1844
3Cited by9 opinions
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- Continental Bank v. FrankSupreme Court of Pennsylvania · 1985
- Best v. Galloway (In Re Best)United States Bankruptcy Court, E.D. Pennsylvania · 2009
- Girard Trust Co., Trustee v. DempseySuperior Court of Pennsylvania · 1937
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