Roush v. Herbick

Citations

• 269 Pa. 145
• 112 A. 136
• 1920 Pa. LEXIS 783

Syllabus

<p>Sheriffs sale — Possession of property — Parties—Fraud—Judicial sale — Mortgage—Tenant for years — Landlord and tenant — Act of April 20,1905, P. L. 2S9.</p> <p>1. In proceedings to obtain possession of property purchased at sheriff’s sale, defendants and terre-tenants, who have been served with process in the original suit, cannot set up anything which would have been available to them as a defense to that suit, even though they did not know the facts until after judgment was entered therein.</p> <p>2. A purchaser at sheriff’s sale under judgment on foreclosure of a mortgage which was overdue, and which was recorded prior to the date of the lease, can recover possession from the tenant of the property, even though the purchaser knew the lease would not expire until after the sale, and that the mortgagee began the foreclosure proceedings at the request of the owner.</p> <p>3. No wrong can be attributed to one who makes an agreement which can be and is carried out by lawful means, even though the other party thereto has a wrong purpose in making it.</p> <p>4. Where one has a legal right to do a given thing the law will not inquire into his motive in doing it.</p> <p>5. If plaintiff in a judicial proceeding acts in good faith and without collusion, a purchaser at a judicial sale thereunder will obtain a good title, even though defendant was guilty of fraud.</p> <p>6. Collusive fraud between plaintiff and defendant, and knowledge thereof or sufficient notice to put the purchaser upon inquiry, are essential in order to affect a title derived by a judicial sale, or any of the legal rights growing thereout.</p> <p>7. Circumstances which later appear to be suspicious are not alone sufficient to make unlawful an agreement which in itself is legal and may be carried out by lawful means.</p> <p>8. Under the Act of April 20, 1905, P. L. 239, a tenant for years cannot, in the absence of collusive fraud, defeat the right of a purchaser at sheriff’s sale on foreclosure of a mo