Saunders v. Gould

Citations

• 124 Pa. 237
• 16 A. 807
• 1889 Pa. LEXIS 1028

Syllabus

<p>1. Where properties sold at sheriff's sale are bid off by the attorney of the execution defendant, in good faith and for the protection of the latter's interests, and to that end an arrangement is made and carried out with a third person who advances the ¡nirchase money and takes the sheriff's deeds to himself, under an agreement that the defendant may re-purchase the properties, the transaction is valid and will operate to discharge liens and pass a good title to the sheriff's grantee.</p> <p>2. If, in such case, the judgment upon which the sales were made had in fact been paid in full out of the proceeds of other property sold at a prior sale, yet if the records remained open and unsatisfied, disclosing valid judgments and executions, (lie knowledge which the defendant’s aftorney had of the actual facts would not of itself affect with notice thereof the sheriff’s grantee who advanced the purchase money upon taking the attorney’s bid.</p> <p>3. Moreover, even if the transaction under which the third person advanced tlxo purchase money, received the sheriff’s deeds and executed the agreement that the execution defendant should re-purehase the properties, constituted but an unrecorded mortgage, yet if before any now lion is entered against the defendant ho deliver a quit-claim deed to the sheriff's grantee, the latter’s title will remain unaffected by a subsequent sale on such new lien.</p>