Legal Opinion

Auwerter v. Mathiot

Supreme Court of Pennsylvania

Decided May 19, 1823PublishedCited by 5 opinions

IN ERROR. Error to the District Court for the city and county oí Lancaster, in a suit brought by Leonard Jluwerter, against John Mathiot, sheriff of that county, to recover certain monies in his hands arising out of a sheriff’s sale made by him of the property of William Lytle. On the trial of the cause in the court below, a verdict was given for the plaintiff, subject to the opinion of the court on a case stated in the nature of a special verdict.

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IN ERROR. Error to the District Court for the city and county oí Lancaster, in a suit brought by Leonard Jluwerter, against John Mathiot, sheriff of that county, to recover certain monies in his hands arising out of a sheriff’s sale made by him of the property of William Lytle. On the trial of the cause in the court below, a verdict was given for the plaintiff, subject to the opinion of the court on a case stated in the nature of a special verdict. The following opinion of the president of the court below which contains the principal facts, was filed of record and was now brought up by writ…

1Opinion of the Court

The opinion of the court was delivered by

Tilghman, C. J.

The judgment of the court below, in this cause, was given upon a case stated, which may be explained in a few words. William Lytle made a parol contract for the purchase of a tract of land of John Barkman, for the sum of 12,348 dollars. He paid about 6000 dollars of the purchase money to Barkman, who delivered him the possession, but did not make a conveyance of the land. While Lytle was in possession several of his creditors obtained judgments against him, on one of which judgments execution was issued, and all his right to this land…

2Cited by5 opinions

  1. Clairton Corp. v. Chicago Title InsuranceSuperior Court of Pennsylvania · 1995
  2. Creigh v. ShattoSupreme Court of Pennsylvania · 1845
  3. M'Mullen ex rel. Rudy v. WennerSupreme Court of Pennsylvania · 1827
  4. Moroney v. CopelandSupreme Court of Pennsylvania · 1840
  5. Sheperd v. JonesSupreme Court of Pennsylvania · 1839

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