Borland's Appeal

Citations

• 66 Pa. 470
• 1871 Pa. LEXIS 61

Syllabus

<p>1. An auditor to distribute the proceeds of a sheriff’s sale cannot go behind a judgment to inquire into its regularity or its merits.</p> <p>2. An auditor may receive testimony to show that a judgment has been paid or otherwise satisfied.</p> <p>3. H. became security for A.’s rent, $700 per annum for four years, and received a bond from A. in $2000 conditioned that in default of any payment of rent, H. might immediately issue execution on the judgment to be entered on the bond “ for the whole amount of said obligation.” Held, that H. had no right to execution for more than was necessary for his indemnity.</p> <p>4. A. having made default in the second quarter’s rent, H. issued execution for the whole penalty; he purchased the leasehold at the sheriff’s sale, and the landlord was paid all the rent then due out of the proceeds of sale. Held, that H. was not entitled to any part of the proceeds of the sale.</p> <p>5. By his purchase II. became liable for the subsequently accruing rent so long as he continued assignee.</p> <p>6. H. might be relieved at any time by assigning to another.</p> <p>7. H.’s liability arose from privity of estate, not privity of contract.</p> <p>8. The right to a thing personal once suspended is gone.</p>