Hughes v. Miller

Citations

• 205 Pa. 627
• 55 A. 793
• 1903 Pa. LEXIS 628

Syllabus

<p>Sheriff’s sale — Purchaser—Second sale — Responsibility for difference in bids.</p> <p>A purchaser at sheriff’s sale who defaults on his bid is liable for the difference between the price he bid at the first sale and the amount which the property brought at a subsequent sale.</p> <p>Sheriffs sale — Purchaser—Second sale — Difference in bids — Equity in distribution</p> <p>J. died seized of a house and lot leaving a widow and minor child. The property was subject to a judgment. The widow occupied the property and out of her earnings reduced the judgment. An administrator of J. was appointed who borrowed on mortgage sufficient to pay off the judgment. The widow became indebted to M. and failed to pay the interest on the mortgage. It was foreclosed and M. purchased the property to protect his debt. The widow not being satisfied with this, M. agreed that the sheriff’s sale should be set aside, the property resold and be purchased by the widow who was to borrow on mortgage sufficient to pay all debts except M.’s; ho was to take a judgment subsequent in lien to the mortgage. The property was again put up and purchased by the attorney for the widow at a price much less than it brought at the first sale, M., because of the agreement between him and the widow, not bidding. The sheriff at the instance of the widow and the guardian of the minor child brought suit against M. to recover the amount of the difference in the bids. Held, that the sheriff was entitled t,o recover; that the judgment against M. constituted part of the estate of J.; that the sheriff should pay the amount recovered to the administrator of J. who should file an account; and that the orphans’ court should award the amount which would go to the widow to M., and the balance to the guardian oí J.’s minor child.</p>