Hartman v. Pemberton

Citations

• 24 Pa. Super. 222
• 1904 Pa. Super. LEXIS 159

Syllabus

<p>Sheriff's sale — Defaulting purchaser — Action—Notice—Resale—Deed.</p> <p>An action will lie against a defaulting purchaser at a sheriff’s sale for the difference between the price paid by him and the smaller sum obtained at a second sale.</p> <p>A purchaser at a sheriff’s sale buys at his own risk, and takes the title of the defendant in the execution as it is. The record of a prior mortgage is constructive notice to him, and-he is bound by the facts which the record discloses. The mere fact that the bidder mistakenly supposed that it was customary for the sheriff to give notice of prior incumbrances in his advertisements, will not relieve the bidder, where there is no evidence of fraud or misrepresentation on the part of the sheriff, the plaintiff in the execution, or the debtor.</p> <p>Where a notice of a sheriff’s sale states that the balance of purchase money must be paid to the sheriff at his office within ten days from the time of sale, without any further demand by the sheriff, a bidder who pays the hand money and signs the bid, is not relieved because, when he informed the attorneys of the plaintiff and the defendant in the execution that he would not perfect the sale, he was not immediately, or shortly thereafter, notified that he would be held to his bid. In such a case notice to the sheriff that the sale would not be perfected is equally unavailing since the purchase money was to be paid without further demand from the sheriff; nor was the sheriff bound immediately to re-expose the property for sale.</p> <p>Where a property has been twice sold by the sheriff on the same day, and the second bidder has signed the bid and paid the hand money, the sheriff is under no obligation to offer the property a third time on that day. The interest of the creditors and the debtor might be greatly prejudiced by such resale.</p> <p>The sheriff is not bound to tender a deed before payment of the purchase money for property bought at a sheriff’s sale.</p> <p>A defaultin