Sayers v. Phillips

Citations

• 5 Pa. Super. 343
• 1897 Pa. Super. LEXIS 250

Syllabus

<p>Ejectment — Question for jury — Assignment for creditors — Parol partition.</p> <p>The question is for the jury where the evidence, if believed, established the facts that the defendant, wife of the assignor, acquired a vested interest in tlie land in controversy, through part payment of the purchase monej'-, and the extent of her interest was defined by a parol partition of the land in controversy, before an assignment for creditors; that in the sale by the assignee this interest was excepted; that the deed by the assignee shows conclusively, that it was not conveyed to the purchaser at the sale; that notice of claimant’s interest was given at the assignee’s sale, and that the defendant held possession continuously from the time of the parol partition until the trial.</p> <p>Assignee's sale — Notice actual and constructive of claims.</p> <p>An assignee’s sale under an order of court is a judicial sale, to which the rule of caveat emptor applies; and a purchaser is affected, as at other judicial sales, by notice of claims given ; and if a claimant is in possession, under his claim at the time of sale, such notice will also affect one who buys from the purchaser while the claimant remains in possession.</p>