8 Watts 215 | Pa. | 1839
The opinion of the Court was delivered by
The sheriff’s sale certainly discharged the mortgage at law; and if Clark, then a part owner of it, but now a terre-tenant
There was nothing in the original transaction, therefore, to affect the terre-tenant’s conscience, and it is unimportant whether in analogy to the doctrine of notice, he stands as a purchaser of the imputed innocence of the sheriff’s vendee. The court put the cause on the doctrine of estoppel, according to which, it was said, a party who has affirmed a fact in a judicial proceeding, by which he gained an advantage over another, may not gain a further advantage over him by disaffirming it. Thus it was assumed that Clark’s act was adverse to the plaintiff’s right; and that he had gained, while the other had lost by it, neither of which is accurately predicable. It was destined, for good or for evil, to have the same effect on the interest of each; and the loss occasioned by it was mu
Judgment reversed, and a venire de novo awarded.