Kreimendahl v. Neuhauser

Citations

• 13 Pa. Super. 606
• 1900 Pa. Super. LEXIS 210

Syllabus

<p>Conclusiveness of judgment in collateral proceeding— Unconfirmed decree of sale.</p> <p>The rule as to the conclusiveness, in a collateral proceeding, of the judgment of a court of competent jurisdiction, cannot be invoked in aid of a decree of sale made by the orphans’ court subject to conditions where neither compliance with the conditions nor confirmation of the sale has been had.</p> <p>Ejectment — Orphans' court sale of minor's interest — Neglect of confirmation.</p> <p>In a judicial sale the rule caveat emptor applies as to the title acquired, and in the making of sales by order of the orphans’ court a strict complianee with all the requirements of the acts of assembly must be observed.</p> <p>In an action of ejectment against the vendee of a minor’s interest under an orphans’ court sale by virtue of the Act of April 18, 1853, P. L. 503, the sale not having been confirmed, nor the conditions upon which the ■sale was decreed complied with, the decree of sale will not be considered ,a final judgment, and the vendee is responsible for the application of the purchase money.</p>