Strange v. Austin

Citations

• 134 Pa. 96
• 19 A. 492
• 1890 Pa. LEXIS 671

Syllabus

<p>[To be reported.]</p> <p>(a) By § 16, act of April 9, 1849, P. L. 527, it is provided that after confirmation of the sale and execution and acknowledgment of the deed, a purchaser at an Orphans’ Court sale shall have the right to obtain possession of the premises by proceeding in the same manner as provided in relation to sheriff’s sales:</p> <p>1. The decree confirming the Orphans’ Court sale does not operate of itself to transfer the title: Leshey v. Gardner, 3 W. & S. 314; and hence the title of the heirs is not divested by such sale until the purchaser has complied with the terms of sale and received his deed for the premises purchased.</p> <p>2. Wherefore, the heirs of a decedent are entitled to the rents accruing between the date of confirmation of an Orphans’ Court sale and the date when the deed is delivered to the purchaser, and the payment of such rents to the purchaser is no defence to an action by the heirs therefor.</p>