Ransley v. Kensington Workingmen's Building Ass'n

Citations

• 261 Pa. 532
• 104 A. 745
• 1918 Pa. LEXIS 785

Syllabus

<p>Contracts — Bid at sheriff’s sale — Default of bidder — Subsequent sale — Purchase by same bidder — Purchase by second mortgagee— Action for difference between bids at two sales — Affidavit of defense • — Sufficiency—Allegation that plaintiff was owner of fee — Merger.</p> <p>In an action in tbe name of the sheriff to the use of a third mortgagee to recover from a defaulting bidder the difference between the original bid and the bid at resale, where it appeared that the defendant (holder of the second mortgage) was the successful bidder at both sales, an affidavit of defense was sufficient where it denied that certain shares of stock, alleged to have been appropriated by defendant in reduction of its mortgage debts, had been so appropriated, and that plaintiff would therefore not have been reached in distribution under the first sale; and the affidavit further alleged that the plaintiff was also the owner in fee of the mortgaged premises, holding title in the name of a straw man, which, if true, would have effected a merger and plaintiff could then only sue as real owner, and defendant would be entitled to set off the amount of taxes, water rent and interest paid by it; and the affidavit further alleged that although there was an increase of the deposit to be paid at the second sale from $50 at the first sale to $250, the defendant was a successful bidder at both sales and the increase was made on its petition.</p>