Woodruff v. Warner

Citations

• 175 Pa. 302
• 34 A. 667
• 1896 Pa. LEXIS 1249

Syllabus

<p>Agreement among creditors as to bidding — Fraud.</p> <p>A purchase of a judgment from a creditor by another judgment creditor at a judicial sale with an understanding that the former shall not bid at the sale, does not render a sale to the latter absolutely void, where no fraud was contemplated or committed on the judgment debtor or his creditors, and the question of actual fraud in such a ease is always a question for the jury.</p> <p>Just before a sheriff’s sale one of the judgment creditors of the defendant in the execution bought at a large discount the judgments of two other creditors. The purchaser of the judgments bought the land at the sale on the following day. Another judgment creditor subsequently issued execution and bought the same land at a second sheriff’s sale, and obtained possession of the land. The purchaser at the first sale brought an ejectment. The court left it to the jury to determine whether any fraud had been committed at the first sale. The jury returned a verdict for the plaintiff. Held, that a judgment on the verdict should not be disturbed.</p>