Connell v. Webb

Citations

• 175 Pa. 52
• 34 A. 346
• 1896 Pa. LEXIS 1206

Syllabus

<p>Sheriff's sales — Failure to comply with purchase — Affidavit of- defense.</p> <p>In an action by a sheriff against a purchaser at a sheriff’s sale to recover the difference in price between a first and second sale, an affidavit of defense is sufficient which avers that the defendants were the purchasers at the first sale; that without any notice or demand upon them to eomply with the terms of the first sale, the sheriff returned the writ of the firs'</p> <p>sale and issued an alias writ; that at the second sale the property was bid in for two mechanics’ lien claimants who failed to comply with the terms of sale; that the sheriff accepted the defendants’ second bid at said second sale, and finally settled with the defendants; that the suit is brought at the request and for the sole use of said two claimants whose liens would not have been reached by the original sale; that defendants themselves would have been entitled to all the money of the first sale in excess of the amount of the second sale.</p>