Stevens v. Diehl

Citations

• 127 Pa. 416
• 17 A. 985
• 1889 Pa. LEXIS 1132

Syllabus

<p>(a) At a sheriff’s sale on a writ from a judgment confessed on an individual note given by one of two partners for money borrowed and used for the benefit of the firm, certain property was purchased by the judgment creditor.</p> <p>(&) Learning afterwards that the property was partnership property, and fearing his title thereto was imperfect, the purchaser obtained from the partners a firm note, on which a judgment was confessed, execution issued, sale had, and the same property again purchased by him.</p> <p>1. In equity, as between the parties, the first execution sale was inoperative as a satisfaction of the indebtedness ; in the second execution sale upon a judgment which was for the same debt, executed and accepted in entire good faith, there was no fraud upon other creditors and the purchaser’s title was thus perfected.</p>