Miller v. Westerhoff

Citations

• 14 Pa. Super. 604
• 1900 Pa. Super. LEXIS 92

Syllabus

<p>Sale — Guaranty of title — Execution—Stay of earlier writ — Effect on junior writ.</p> <p>The fact that an earlier writ was stayed does not affect the levy on another writ which was at the time in the sheriff’s hands and on which the levy on the former writ was noted.</p> <p>A sale and delivery by the sheriff under such second writ disposes of the owner’s title, and will defeat his recovery on a contract of sale in which he had guaranteed to his vendee a clear title. Through plaintiff’s failure to make good his title to the property, his vendees lost the fruit of their attempted purchase, and when it was taken from them by the sheriff’s vendee they had a complete defense to the plaintiff’s claim for the purchase money.</p>