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· 7/10/1902

Westmoreland Guarantee Building & Loan Ass'n v. Nesbit

Citations

  • 21 Pa. Super. 150
  • 1902 Pa. Super. LEXIS 327

Syllabus

<p>Sheriff's sale — Selling aside — Inadequacy oj price.</p> <p>A bona fide purchaser at a sheriff’s sale of land, the moment it is knocked off to him, if he complies in all respects with the conditions of sale, instantly acquires a vested right to the property sold. Such a purchaser would be bound by his bargain thus made, although his bid greatly exceeded its value, and if he purchased at a bona fide sale greatly below the value, the vendor would be bound by the sale. Equality in this case at least is equity.</p> <p>A sheriff’s sale will not be set aside where the only reason urged in addition to inadequacy of price is that the president of the building and loan association which owned the first lien, being obliged to be away on business on the day of the sale directed his son to attend the sale and bid, and that the son forgot about the sale because of unusual business duties.</p>

Judges: Beaver, Orlady, Porter, Rice

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