Eyerman v. Detwiller

Citations

• 136 Pa. 285
• 20 A. 511
• 1890 Pa. LEXIS 1029

Syllabus

<p>1. Under § 10, act of April 22, 1856, P. L. 534, when any of the parties in a partition proceeding desires to make a bid for the land, above the valuation, all the bids must be submitted in writing before any of them is announced, and the land is to be awarded forthwith to the party who offers the highest price above the valuation.</p> <p>2. The act of 1856 does not repeal § 37, act of March 29, 1832, P. L. 201, nor § 14, act of May 5, 1841, P. L. 353, directing what preferences shall be given in the allotment of land at the appraised value in cases of partition, but restricts their operation to cases in which all the parties decline to offer a price above the valuation.</p> <p>3. When two or more parties desire to submit a joint bid, they may do so, and if their bid is the highest, the land, or the purpart thereof so bid for, should be awarded to them jointly: the proper practice, under the act of 1856, in receiving bids and allotting purparts, stated: Per Mr. Justice Sterrett.</p>