Lengert v. Chaninel

Citations

• 208 Pa. 229
• 57 A. 561
• 1904 Pa. LEXIS 733

Syllabus

<p>Sheriffs' sale — Rule to set aside — Effect of reversal of judgment — Execuiion.</p> <p>A rule to set aside a sheriff’s sale taken after payment of the purchase money, the acknowledgment, delivery and recording of the sheriff’s deed and possession obtained by the purchaser is in the absence of fraud too late; and this is the case even where the plaintiff in the execution is the purchaser at the sheriff’s sale, and the judgment on which the sale was founded has been reversed.</p> <p>Execution — Sheriff's sale — Reversal ofjudgmejit — Restitution—Purchase by execution creditor.</p> <p>The ninth section of the act of 1705, 1 Sm. L. 57, which provides that where the land has been sold under a writ issued upon a judgment which was afterwards reversed, the land shall not be restored, but there shall be “restitution in such cases only of the money or price for which such lands were or shall be sold,” applies even where the land has been purchased by the execution creditor.</p>