Omwake v. Harbaugh
This text of 23 A. 985 (Omwake v. Harbaugh) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The plaintiff claims to be the equitable owner of the lot sold by the sheriff, and as such entitled to the surplus of the purchase money over and above the amount necessary to discharge the liens. Unfortunately for him, it appears that he claimed as lien creditor, and was allowed the amount of judgments which he held against the property. This claim is entirely inconsistent with his claim as owner of the premises. It needs no argument to show that he cannot claim in the dual character of both owner and lien creditor. Having claimed in the latter capacity, and his claims having been allowed out of the proceeds of the sale, he cannot now claim the balance of the proceeds of the sale as owner by virtue of his equitable title.
The decree is affirmed, and the appeal dismissed at the costs of the appellant.
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Cite This Page — Counsel Stack
23 A. 985, 148 Pa. 278, 1892 Pa. LEXIS 970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/omwake-v-harbaugh-pa-1892.