Hughes v. Miller

Citations

• 186 Pa. 375
• 40 A. 492
• 1898 Pa. LEXIS 1010

Syllabus

<p>Sheriff's sale — Sheriff's deed — Acknowledgment—Delivery.</p> <p>Acknowledgment of a sheriff’s deed without delivery does not vest title in the purchaser.</p> <p>Sheriff's sale — Refusal to pay bid — Resale—Measure of damages.</p> <p>Where a person purchases real estate at a sheriff’s sale, and upon demand and tender of a duly executed and acknowledged deed refuses to pay the purchase money, and thus renders a resale necessary, he is liable for the difference between his bid at the first sale and the amount realized by the second sale.</p> <p>Sheriff's deed — Refusal to pay bid — Power of court to vacate sheriff's deed.</p> <p>Where a purchaser at a sheriff’s sale refuses to accept a sheriff’s deed which has been duly acknowledged, the court has power to strike off or vacate the acknowledgment of the deed, and the purchaser cannot be heard to complain that such action was taken.</p> <p>The practice of presenting sheriff’s deeds for acknowledgment before the purchase money is paid or adjusted in any way should not be encouraged ; but, the power of the court to strike off or vacate an acknowledgment that lias been improvidently taken or when the purchaser refuses to pay the purchase money and accept the deed cannot be doubted.</p>