Acker ex rel. Gray v. Snyder

Citations

• 250 Pa. 57

Syllabus

<p>Sheriffs’ sales — Beal estate — Bids—Failure of bidder to complete purchase — Actions for recovery of amount bid — Actions for loss upon resale — Sheriff’s return — Affidavit of defense — Sufficiency— Practice, O. P.</p> <p>Where a sheriff has sold a piece of land under a levari facias and the purchaser refuses to comply with his bid, the sheriff may elect to sue for the purchase-price or he may elect to set aside all the proceedings under the levari facias and upon a resale under another writ may recover the loss if any from the purchaser under the former writ. When, however, the sheriff returns the writ “terms of sale not complied with” he has elected to set aside all the proceedings under the writ so returned and may hold the bidder not for the amount bid, but only for the loss, if any, on a resale.</p>