Rhodes's Estate
Supreme Court of Pennsylvania
Rhodes's Estate, 267 Pa. 506 (Pa. 1920)
111 A. 443; 1920 Pa. LEXIS 899
Rhodes's Estate
Opinion of the Court
The opinion of the court below states the facts in this case, in pursuance of which the writ of possession was issued for the property in controversy. By his deed of assignment for the benefit of creditors, the appellant passed all of his interest in it to his assignee, with authority to sell it for the purposes for which the trust was created; and it was so sold. • In this possessory proceeding the appellant has no standing to attack the title of his assignee’s vendee. If he ever could have questioned it, it was by exceptions to the confirmation of the sale, or a motion to set it aside.
Appeal dismissed at appellant’s costs.
Reference
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Assignments for creditors — Sale of real estate — Qonclusi-veness of sale — Possessory proceedings — Title—Collateral attach. Where the.real estate of an assignor for the benefit of creditors has been duly sold by the assignee, and a deed delivered to the purchaser, the assignor cannot, in a possessory proceeding by the purchaser against him to secure possession of the real estate, attack tbe title of tbe assignee’s vendee. If be ever could have questioned it, it was by exceptions to tbe confirmation of tbe gale, or a motion to set it aside.