Rigg v. Schweitzer
Citations
- 170 Pa. 549
- 33 A. 116
- 1895 Pa. LEXIS 1436
Syllabus
<p>Executors and administrators — Purchase by executor at his own sale.</p> <p>An executor or administrator may purchase property of the estate at his own sale subject to the power of disaffirmance in the heirs or creditors, and if he bids upon it through an agent in good faith with the purpose of purchasing the property himself, under the published conditions of the sale, there is nothing in his having done so of which other bidders have a right to complain, or which furnishes ground for setting aside the sale of the property to another bidder.</p> <p>Evidence — Fraud—Bid by executor at his own sale.</p> <p>On a bill in equity to set aside an executor’s sale, on the ground that the executor had secretly bid upon the property through an agent, evidence as to the amount the executor intended to bid upon the property, and as to the reasons for his refusal to buy the property after the sale for the sum which he bid upon it, is immaterial, where it appears that the executor bid at the sale in good faith and with the intention to purchase the property for himself.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Under the precepts of due process, however, which require notice and an opportunity to be heard, [the trial court] was obliged to make its determination solely on evidence of record.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dean, Fell, McCollum, Mitchell, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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