King v. Gunnison
Supreme Court of Pennsylvania
In error from the Common Pleas'of Erie county. Oct. 1. The defendant in error, administrator of Fross,'brought this action to recover the amount bid by defendant at a sale of the decedent’s real estate for payment'of debts, and on the trial proved the order of sale and confirmation by the Orphans’ Court, and gave ■parol testimony that defendant bid for the land. The defendant gave evidence that the title was in a stranger.
Read the full summary
In error from the Common Pleas'of Erie county. Oct. 1. The defendant in error, administrator of Fross,'brought this action to recover the amount bid by defendant at a sale of the decedent’s real estate for payment'of debts, and on the trial proved the order of sale and confirmation by the Orphans’ Court, and gave ■parol testimony that defendant bid for the land. The defendant gave evidence that the title was in a stranger. The defendant’s second point was, that he was liable only for the special damage, not for the whole amount of the bid, and no damage having been shown, nominal'damages only…
1Opinion of the Court
Coulter, J.,
after stating the case.—It has been decided by this court that a sale made by an administrator, in pursuance of an order of the Orphans’ Court, is a judicial sale, and that the rule of caveat emptor applies. Bashore v. Whisler, 3 Watts, 490; Fox v. Mensch, 3 Watts & Serg. 444. The same principle has been applied to sheriffs’ sales. Weidler v. Farmers’ Bank, 11 Serg. & Rawle, 134; Auwerter v. Mathiot, 9 Serg. & Rawle, 399; Friedly v. Scheetz, 9 Serg. and Rawle, 159. The defendant below was not without remedy, if he had sought it by an application to the Orphans’ Court before the…
2Cases cited4 opinions
- Cash v. TozerSupreme Court of Pennsylvania · 1841
- Fox v. MenschSupreme Court of Pennsylvania · 1842
- Bashore v. WhislerSupreme Court of Pennsylvania · 1835
- Weidler v. Farmers BankSupreme Court of Pennsylvania · 1823
3Cited by6 opinions
- Hankin v. HankinSuperior Court of Pennsylvania · 1980
- In Re Standwaitie's EstateSupreme Court of Oklahoma · 1918
- Tucker v. LeonardSupreme Court of Oklahoma · 1930
- In Re Susquehanna Chemical CorporationDistrict Court, W.D. Pennsylvania · 1950
- Jack's EstatePennsylvania Orphans' Court, Lancaster County · 1947
1 more not listed; retrieve them via the Exa API.