Legal Opinion

Landell's Appeal

Supreme Court of Pennsylvania

Decided January 23, 1884PublishedCited by 6 opinions

Appeal from the Court of Common Pleas No. 3, of Philadelphia county: of July Term 1883, No. 183. This was an appeal by Isaac E. Landell and Edwin A. Landell, to the use of the Pennsylvania Sugar Refining Company, from a decree of the said Court distributing the proceeds of a Sheriff’s sale&of real estate under a writ of levari facias, on a judgment in sci. fa. sur mortgage against Charles M. Hilgert, trading as John Hilgert’s Sons.

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Appeal from the Court of Common Pleas No. 3, of Philadelphia county: of July Term 1883, No. 183. This was an appeal by Isaac E. Landell and Edwin A. Landell, to the use of the Pennsylvania Sugar Refining Company, from a decree of the said Court distributing the proceeds of a Sheriff’s sale&of real estate under a writ of levari facias, on a judgment in sci. fa. sur mortgage against Charles M. Hilgert, trading as John Hilgert’s Sons. The auditor appointed to distribute the fund in Court, found the facts to be as follows .- In 1878, John Hilgert being the owner of certain premises (being the…

1Opinion of the Court

The opinion of the court was filed February 4, 1884.

2Per curiam

The fund produced by a sheriff’s sale of real estate is to be distributed according to law and equity. Tindle's Appeal, 27 P. F. Smith, 201. This sale having been made on a mortgage the purchaser took the land discharged of secret equities. The whole title passed by the sale. The remedy of the appellee was to look to the proceeds remaining after the satisfaction of the mortgage taken in good faith, and for a valuable consideration without any knowledge of the fraud. If the sale had been made on a judgment a different rule would apply, and a…

3Cited by6 opinions

  1. Colonial Trust Co. Tr. v. L. D. A. Corp. K. W. MooreSupreme Court of Pennsylvania · 1929
  2. McCune v. McCuneSupreme Court of Pennsylvania · 1894
  3. Kemp v. Bowen (In Re Visiting Nurse Ass'n of Western Pennsylvania)United States Bankruptcy Court, W.D. Pennsylvania · 1989
  4. Ferbro Trading Corp. v. Jo-Mar Dress Corp., Pennsylvania Court of Common Pleas, Lackawanna County1951
  5. Hemminger v. Leidigh, Pennsylvania Court of Common Pleas, Cumberland County1934

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