Kline v. McCandless

Citations

• 139 Pa. 223
• 20 A. 1045
• 1891 Pa. LEXIS 978

Syllabus

<p>(a) Property was sold at sheriff’s sale and purchased by the execution plaintiff, the father of the execution defendant. Two days thereafter, it was levied upon and again sold at sheriff’s sale at the suit of another creditor, and a second time purchased by the father:</p> <p>1. In an action by the father against the sheriff and the second execution creditor, to recover damages for the unlawful sale, a sufficiently proper measure of damages was the amount of money the father was obliged to pay for the property at the second sheriffs sale.</p> <p>2. Under the evidence submitted, the question of the validity of the judgment of the father against the son, upon which the first sale was had, was properly submitted to the jury; moreover, the evidence was clearly insufficient to sustain a verdict against the validity of the judgment.</p> <p>8. The validity of the judgment could not be affected by declarations of the defendant not made in the presence of the plaintiff; nor, was the plaintiff estopped by his acts and declarations of an equivocal character, when nothing was done or suffered by the defendant on account of them.</p>