Kalle v. Heft

Citations

• 154 Pa. 470
• 26 A. 290
• 1893 Pa. LEXIS 918

Syllabus

<p>Sale by assignee for the benefit of creditors — Secret knowledge of bidder— Trustee ex maleficio — Costs—Equity.</p> <p>At a sale by an assignee for the benefit of creditors, the purchaser, with secret knowledge that one half of a mortgage for five thousand dollars on the property had been paid, secured the property for a sum twenty-five hundred dollars less than the apparent amount of his bid. . Subsequently a bill was filed to declare him a trustee ex maleficio of the property. After the bill was filed he paid over the difference with interest thereon to the assignee, making the actual cost of the property to him correspond exactly with the apparent cost. Meld that the bill should be dismissed, but that the record costs and master’s fee should be divided equally between the parties, and the costs of the respective parties should be paid by the party who made them.</p>