Dull v. Slater

Citations

• 31 Pa. Super. 488
• 1906 Pa. Super. LEXIS 243

Syllabus

<p>Decedent’s estate — Charge on land — Orphans’ court sale.</p> <p>Upon the sale by an administrator under order of court for the payment of the debts of a decedent, the liability of the purchaser for the amount .of his bid is fixed by the return and confirmation, and he cannot set up in an action to enforce it either a failure of title, misrepresentations by the administrator, or other matter attacking the validity of the sale. His day in court to make such objection is at the return of the sale, and if he submits to the decree of the court confirming it, he cannot afterwards be heard against it collaterally.</p> <p>A purchaser at an orphans’ court sale, who buys land for a specific price, cannot afterwards be heard to contend that what he bought included and carried back to him any portion of the money be expressly agreed to give.</p> <p>Where land is sold at an orphans’ court sale charged with a sum of money, the interest of which was payable to the decedent’s mother during her life, and the principal after her death to the heirs of decedent’s father, who died intestate, and the purchaser agrees that the charge shall rémain as theretofore, the purchaser cannot, after the widow’s death, claim that he is not liable to pay any portion of the fund to the heirs at law of the decedent as whose estate the land was sold.</p>