Fry's Appeal

Decided October 19, 1885

Supreme Court of Pennsylvania · decided 1885-10-19

In 1880 Frederick Specht was the owner of a tract of land of which he made a deed, on January 26 to 0. Doris, which deed was recorded the same day. On March 21, 1881, Doris conveyed the land by deed recorded March 22, to A. 0. Brenizer, whose title became finally vested in John 0. Fry. Specht took from Doris a mortgage for $1,175, unpaid • purchase money, which was not recorded until April 9, 1881. On July 21, 1882, Isabella Fry obtained a judgment against John 0.

Affirmed · Decided 1885-10-19

Per Curiam:

¶1As the court set aside the sale, the decree distributing the fund produced by the sale was necessarily superseded. Having set aside the sale by reason of the purchaser not being entitled to receive the money for which it was sold, and she having refused to pay the money to the sheriff, the act of assembly required the court to direct the real estate to be resold.

¶2The statute is mandatory on the cause. There is no error in the decree of sale. This, however, leaves open the question of distribution. To whom the money shall be decreed will be determined after there is a fund in court for distribution.

¶3Decree affirm.. . and appeal dismissed at the cost of the appellant.