Gallitzin Building & Loan Ass'n v. Steigers

Citations

• 28 Pa. Super. 336
• 1905 Pa. Super. LEXIS 197

Syllabus

<p>Partition — Deed—Sheriff—Discretion.</p> <p>Where a sale in partition has been confirmed by the court and an order made directing the sheriff to execute a deed to the purchaser, but the sheriff in office at the time neglects to do so, the purchaser is entitled to an order of court requiring a successor of the sheriff to execute the deed.</p> <p>It is an abuse of the discretion of the court to refuse such an order because of objections interposed which should have been raised in the partition proceedings, and to postpone the making of the order until title should be determined in a pending ejectment.</p> <p>A court is not vested with discretion to refuse obedience to its own final judgments and decrees, so long as they stand unopened, unreversed and unimpeached.</p>