Public-domain · open source
OpenJurist

1 Binn. 61

Rowley v. Brown

Supreme Court of Pennsylvania

Decided December 19, 1803

Supreme Court of Pennsylvania · decided 1803-12-19

IN this case an execution was levied upon the real estate of Webb, consisting of three tenements and the lot of ground upon which they were erected. Held: and there had been no apportionment subsequently agreed upon. The property being condemned, the sheriff sold the whole in one body.

Good law ✅— No negative treatment on recordhow we know

Decided 1803-12-19

How this case has been cited

Cited by 8 later decisions — most recently April 1892

7 state decisions

201803181018201830184018501860187018801890decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1It is the rule of this court to disallow in every case a lumping sale by the sheriff where from the distinctness of the items of property he can make distinct sales. It is essential to justice and to the protection of unfortunate debtors that this should be the general rule; any other would lead to the most shameful sacrifices of property. There may be exceptions, but the purchaser must bring himself within them. The present case is not one; the tenements and lots vtere here sufficiently distinct both in law and fact, and there was no reason for deviating from the common practice.

¶2Rule absolute.

/1/binn/61 · .json · Public domain