Tigue v. Banta

Citations

• 176 Pa. 414
• 35 A. 131
• 1896 Pa. LEXIS 1092

Syllabus

<p>[Marked to be reported.]</p> <p>Judgments — Equity—Marshaling assets — Execution — Sheriff's sale— Vendor and vendee.</p> <p>Where an owner of land subject to the lien of a judgment sells by contract a portion of the land to another, and subsequently judgments are entered against both the vendor and the vendee, and executions are issued against the vendor, the judgment creditors of the vendee have a standing to demand that the other land of the vendor shall be first sold; and where the proceeds of the sheriff’s sale of the other land of the vendor are insufficient to pay all the liens of record against him, to have the sheriff’s sale set aside for the purpose of contesting the validity of one of the judgments entered against the vendor, after the contact sale to the vendee.</p> <p>Sheriff's sale — Setting aside sale — Practice, O. P.</p> <p>An order setting aside a sheriff’s sale on the ground of fraud can be made only after a judicial finding of the disputed facts of fraud either by the verdict of a jury, the report of an auditor or master, or by the court upon a hearing of testimony upon both sides taken directly before the court.</p> <p>Sheriff's sale — Setting aside sale — Practice, G. P. — Petition—■Answer— Fraudulent debtor.</p> <p>Where a petition to set aside a sheriff’s sale contains a distinct and positive allegation that the judgment under which the sale was made was given without consideration, and for the purpose of hindering, delaying and defrauding creditors, a hearing on the question of fraud should be allowed, although the answer supported by affidavits contains a specific, definite and positive denial of the charge of fraud.</p>