Thomas v. Connell

Citation5 Pa. 13
PartiesTHOMAS <I>v.</I> CONNELL
Decision Date03 April 1846
CourtUnited States State Supreme Court of Pennsylvania

H. C. Townsend, for plaintiff in error.—The purchaser obtains an equitable estate from the date of his purchase, which is the subject of lien, Carkhuff v. Anderson, 3 Binn. 4; Scott v. Greenough, 7 Serg. & Rawle, 197; Stoever v. Rice, 3 Whart. 21; Morrison v. Wurtz, 7 Watts, 437. [GIBSON, C. J. There he took possession.] Here he took a deed which drew possession, as the lot was, in fact, vacant. That an equitable owner is liable by reason of privity of estate, is settled, Berry v. McMullen, 17 Serg. & Rawle, 84. The point appears to be decided in terms in Walton v. West, 4 Whart. 221, where it is said the time of the sale is that at which all liens are to be estimated as charges on the purchase-money; those accruing thereafter are on the purchaser.

Meredith, contrà.—Walton v. West is misunderstood. It is the estate of the purchaser which is liable, and so much only was there decided. In these cases there are always two persons liable, the original grantee on his personal covenant, and the subsequent alienee, by virtue of his estate. Until he acquires the estate and the right to take the profits, which is the real test, it is impossible to hold him liable. That he cannot take the profits before the acknowledgment of the deed, is settled, Scheerer v. Stanley, 2 Rawle, 276; Bank v. Wise, 3 Watts, 394; Braddee v. Wiley, 10 Watts, 362; 9 Watts, 436.

E. K. Price, in reply.—It is clear policy to hold the defendant liable, to prevent the system of speculation at sheriff's sales at the expense of the owners of the rent; but the legal test is the cessation of the estate of the defendant in the execution, and the commencement of that of the purchaser, which is the day of sale. The delivery of the deed is but a perfection or completion of that inceptive title, and relates back.

April 3. ROGERS, J.

A purchaser at a sheriff's sale is entitled to receive rent from the lessor in possession, only from the time the sheriff's deed is acknowledged, Scheerer v. Stanley, 2 Rawle, 276. And the reason is, that although the title may, for many purposes, be referred to the sale, yet the purchaser acquires no title, except an imperfect one, until the sale has received the sanction of the court. This decision would seem to rule the case in hand, for it is difficult to understand how a purchaser...

To continue reading

Request your trial
9 cases
  • Brown v. Loewenbach
    • United States
    • United States State Supreme Court of Wisconsin
    • January 8, 1935
    ...(c); 1128, § 181; Walton v. Stafford, 162 N. Y. 558, 57 N. E. 92;Cohen v. Todd, 130 Minn. 227, 153 N. W. 531, L. R. A. 1915E, 846;Thomas v. Connell, 5 Pa. 13;Negley v. Morgan, 46 Pa. 281;Bartlett v. Amberg, 92 Ill. App. 377;Id., 190 Ill. 15, 60 N. E. 84. [5][6][7] In connection with authori......
  • Susan Collins, To Use of J. D. Hill v. London Assurance Corporation
    • United States
    • United States State Supreme Court of Pennsylvania
    • January 7, 1895
    ...... deed, is not absolute but conditional and that the owner. still has an interest in the land is shown by Thomas v. Connell, 5 Pa. 13; Garrett v. Dewart, 43 Pa. 342; Hardenburg v. Beecher, 104 Pa. 20; Scheerer v. Stanley, 2 Rawle, 276. . . A. ......
  • Ottman v. Albert Co.
    • United States
    • United States State Supreme Court of Pennsylvania
    • June 25, 1937
    ...such profits, is in privity of estate, as the successor to the title of the lessee. Wickersham v. Irwin, 14 Pa. 108; Thomas v. Connell, 5 Pa. 13; Hannen v. Ewalt, 18 Pa. 9. 'It is not necessary that he should actually receive profits, or be in the actual possession of the land; it is suffic......
  • Ottman v. Albert Co.
    • United States
    • United States State Supreme Court of Pennsylvania
    • June 25, 1937
    ...to enjoy such profits, is in privity of estate, as the successor to the title of the lessee: Wickersham v. Irwin, 14 Pa. 108; Thomas v. Connell, 5 Pa. 13; Hannen Ewalt, 18 Pa. 9. 'It is not necessary that he should actually receive profits, or be in the actual possession of the land; it is ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT