Westhafer v. Koons

Citations

• 144 Pa. 26
• 22 A. 885
• 1891 Pa. LEXIS 580

Syllabus

<p>1. When a petition for the sale of real estate under the act of April 18, 1863, P. L. 603, the object of which is to defeat a contingent remainder, fails to set forth such purpose, as required by § 5 of said act, the decree of sale will not give to the purchaser such a title as he will be compelled to accept.</p> <p>2. Whether, in such a case, a purchaser, who in good faith has accepted the title under the decree of sale and has paid the purchase money, would be protected by the curative provisions in § 6, so that the title, in his hands, would be unaffected by the failure to comply with the act, not decided.</p> <p>3. “ We need not discuss the question, how far a purchaser, taking the title in good faith under this act and paying the purchase money, would be protected by this curative provision. It would probably cover everything but want of jurisdiction in the court: ” Per Mr. Chief Justice Paxson.</p>