Gibbons v. Gaffney

Citations

• 154 Pa. 48

Syllabus

<p>Equity — Deed—Principal and surety — Equitable estate — Costs.</p> <p>Gaffney purchased from Throop and others a lot of land for $800, and secured the vendors by a confession of judgment contained in the written agreement of sale. Gaffney erected a building upon the land, and a mechanic’s lien was entered therefor, upon which judgment was obtained. Execution was issued, and Gibbons, the owner of the mechanic’s lien, bid in the property for one thousand dollars. Out of the proceeds Gibbons was paid the amount of his lien, and a balance of $326 was left in the hands of the sheriff. Subsequently the vendors of the land assigned to Iiulslander et al. the balance of purchase money due, $298, and judgment was entered in their favor on the warrant of attorney contained in the agreement, and the fund in the hands of the sheriff was levied upon. The vendors did not deliver or tender a deed for the land. Held:</p> <p>1. Thatthe land in the hands of Gibbons was responsible for the balance of the purchase money, and that Gaffney stood merely in the relation of a surety towards it.</p> <p>2. That Hulslander et al. were not entitled to the fund in court until a deed was made by the vendors to Gaffney subject to the equitable estate in Gibbons, and an assignment was made by Hulslander et al. of the purchase money judgment to enable Gaffney to enforce it against the lands in the hands of Gibbons.</p> <p>3. That as Hulslander et al. had no right to enter up judgment and issue execution until they had brought into court a proper deed, two thirds of the costs of the audit should be imposed upon them, payable out of the fund which should be awarded to them.</p> <p>4. That the decree of the lower court ordering a tender of a sufficient deed within thirty days as a condition of the award of the fund to Hulslander et al. should be modified when affirmed in the Supreme Court so that the thirty days should be computed from the date of the affirmation of the decree.</p> <p>Debtor's exempt