Thomas v. Connell
Supreme Court of Pennsylvania
In error from the District Court for the city and county of Philadelphia. Feb. 24. In an action of covenant a ease was stated in the nature of a special verdict. On the 5th of June, 1832, Webb conveyed a lot of ground to West, subject to a yearly rent of $80, payable semi-annually on the 1st of June and December. Webb subsequently conveyed the rent to the plaintiff. On the 20th Jan. 1840, Connell purchased, at sheriff’s sale, West’s estate in the lot.
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In error from the District Court for the city and county of Philadelphia. Feb. 24. In an action of covenant a ease was stated in the nature of a special verdict. On the 5th of June, 1832, Webb conveyed a lot of ground to West, subject to a yearly rent of $80, payable semi-annually on the 1st of June and December. Webb subsequently conveyed the rent to the plaintiff. On the 20th Jan. 1840, Connell purchased, at sheriff’s sale, West’s estate in the lot. The deed was acknowledged and dated on the 16th Oct. 1841. If the purchaser was liable for the rent accruing between the date of his purchase…
1Opinion of the CourtRogers, J.
A purchaser at a sheriff’s sale is entitled to receive rent from the lessor in possession, only from the time the sheriff’s deed is acknowledged, Scheerer v. Stanley, 2 Rawle, 276. And the reason is, that although the title may, for many purposes, be referred to the sale, yet the purchaser acquires no title, except an imperfect one, until the sale has received the sanction of. the court. This decision would seem to rule the case in hand, for it is difficult to understand how a purchaser can be personally liable for rent accruing, when he neither has the possession, nor the right of…
2Cases cited1 opinion
- Scheerer v. StanleySupreme Court of Pennsylvania · 1830
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