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3 Walker 13

Jaquett's Appeal

Supreme Court of Pennsylvania

Decided July 15, 1883

Supreme Court of Pennsylvania · decided 1883-07-15

1 of Phila. County, This was an appeal from a decree of the Court, distributing the proceeds of a Sheriff’s sale, made under a mortgage. The ’ auditor, appointed to distribute the fund, awarded without dispute, debt, interest and costs to the mortgagees, and ‘f of the balance of the fund to the owner of § interest in the land, > the other third thereof-remained to be awarded to the owner of the disputed third interest in the premises..

Decided 1883-07-15

¶1The Supreme Court affirmed the decree of the Common Pleas on 4th Feb., 1884, in the following opinion:

Per Curiam.

¶2Under the facts found, this case was correctly decided. Not only was the appellant guilty of laches in asserting his claim, but in fact he did not make the payment to entitle him to demand the deed. The claim to withhold a part of the purchase money was not justified by the evidence. The auditor arrived at a correct conclusion, and the Court committed no error in confirming his report and decreeing accordingly.

¶3Decree affirmed and appeal dismissed at the costs of the appellant.

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