Union Trust Co. v. Monroe

In a suit to foreclose a mortgage, the common pleas court ordered the sheriff to sell certain real estate.

The terms of sale as fixed by a general rule of the court, and set forth in the advertisement, were 10 per cent, of the purchase price at the time of the sale and the balance upon confirmation and delivery of deed.

At the sale, Joseph Leubetz was the highest bidder, and the sheriff declared him the purchaser. He did not pay the 10 per cent., and the next day, after viewing the property, he notified the sheriff that he would not pay the 10 per cent, or any part of the amount which he bid…