Scott's Assigned Estate

Citations

• 176 Pa. 49
• 34 A. 924
• 1896 Pa. LEXIS 1039

Syllabus

<p>Assignment for creditors — Sale by assignee — Resale.</p> <p>An assignee for the benefit of creditors sold real estate of the assignor. Subsequently he presented a petition for a rule on the purchaser to show cause why the property should not be resold because of failure to pay the purchase money. The purchaser filed an answer averring that the deed tendered contained a reservation, and did not include all of the land sold. Depositions were taken under the rule, the rule was discharged and the assignee was directed to convey without the reservation. Subsequently the assignee presented a second petition in which he averred that he had tendered a deed in compliance with the order of the court, and demanded the payment of the purchase money less $40.00 paid at the time of the sale, and that the purchaser had refused to accept the deed and pay the money. To this petition no answer was filed, and a resale was ordered. So far as the record disclosed, the only objection ever made to a resale was that made to the first deed tendered. Upon the argument in the -Supreme Court it was urged that the purchaser had not been credited with the full amount which he had paid. Two receipts, signed by the assignee, appeared by the record attached to the depositions, one for $40.00 at the time of the sale, the other dated later for “ one hundred and ten dollars for money paid on property which I sold to him.” It was denied by counsel for the appellee that these receipts were ever before the court, or that the question of the payment of more than $40.00 had ever before been raised. Held, (1) that the Supreme Court could only consider the case upon the record as it appeared; (2) that the amount of payment did not appear to have been an issue in the court below; (8) that the form of the receipt did not indicate that it was given for a payment made on account of the land sold; (4) that the order of resale must stand.</p>