Shoe v. Ziegler

Citations

• 159 Pa. 461
• 28 A. 298
• 1894 Pa. LEXIS 867

Syllabus

<p>Partnership — Mortgage—Purchase at sheriff's sale — Trust.</p> <p>Plaintiff and defendant’s testator were partners. The son of defendant’s testator, an employee of the firm, became a defaulter, and the firm obtained a judgment against him for the sum which he had appropriated. Prior to the defalcation, and at a time when the son was solvent, he conveyed certain real estate which he owned to his wife, subject to a building association mortgage. After the defalcation, but before judgment was obtained by the firm, the son and his wife executed a mortgage to defendant’s testator on the same property. Subsequently, and after the judgment was entered against the son, the building association proceeded on its mortgage and the real estate covered by it was sold at sheriff’s sale, and bought in by defendant’s testator to protect his mortgage. The sale discharged the lien of the firm’s judgment. Held, that defendant’s testator had the right to purchase the property at the sheriff’s sale, and take title thereto clear of any trust in favor of the firm.</p>