Schur v. Schwartz

Citations

• 140 Pa. 53
• 21 A. 249
• 1891 Pa. LEXIS 802

Syllabus

<p>(a) The sale by a guardian of his wards’ real estate, by order of the Orphans’ Court, bond being approved, was duly confirmed. On the day the deed was made to the purchaser, the latter re-conveyed to the guardian, no purchase money passing between them. Afterward, on petition showing the facts, the sale was confirmed as though by leave of court the guardian had bought as a bidder at his own sale.</p> <p>(b) Subsequently, upon a petition of the guardian averring that he still held the title to the real estate as guardian and omitting reference to the former proceedings, an alias order was made authorizing the sale of the real estate, and, the sale having been made, on bond filed, was duly confirmed. Afterwards, the title was again conveyed to the guardian in his own right, his possession remaining unchanged.</p> <p>(c) While holding the title, thus acquired in his own right the second time, the real estate, by a sheriff’s sale on a judgment sur mortgage made by the guardian when holding the title acquired at the first sale, was sold to the surety on the bond given on the second sale. By proceedings duly confirmed, an account was afterwards stated for the guardian, wherein he was charged with the proceeds of the first Orphans’ Court sale:</p> <p>1. In such case, the surety upon the first bond having paid to the wards judgments recovered in actions thereon after the confirmation of the account stated, had no right to be subrogated to the rights of the wards against the land, or to a decree for contribution against the purchaser at sheriff’s sale, as a surety on the second bond, in the absence of fraud or collusion on the part of the latter affecting the rights of the wards.</p>