Pepper v. Deakyne
Supreme Court of Pennsylvania
Appeal, No. 147, Jan. T., 1904, by Robert G. McDougal, from order of C. P. No. 1, Phila. Co., Dec. T., 1901, No. 2187, dismissing exceptions to auditor’s report in ease of Joseph W. Pepper, successor of John W. Pepper and H. H. Pigott, guardian of the estate of minor children of J. Howard Gibson, deceased, v. William F. Deakyne, mortgagor, and the Arlington Hotel, and Improvement Company, real owner. Exceptions to report of Henry B. Patton, Esq., auditor.
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Appeal, No. 147, Jan. T., 1904, by Robert G. McDougal, from order of C. P. No. 1, Phila. Co., Dec. T., 1901, No. 2187, dismissing exceptions to auditor’s report in ease of Joseph W. Pepper, successor of John W. Pepper and H. H. Pigott, guardian of the estate of minor children of J. Howard Gibson, deceased, v. William F. Deakyne, mortgagor, and the Arlington Hotel, and Improvement Company, real owner. Exceptions to report of Henry B. Patton, Esq., auditor. The auditor reported the facts substantially as follows : On March 26, 1901, the property known as the Childs’ Mansion, standing at the…
1Opinion of the Court
Opinion by
Mb. Chief Justice Mitchell,
Passing b}r some preliminary questions as to the authority of the court to appoint the auditor, and the jurisdiction of the latter to distribute a fund paid on a previous sale, on a different writ and apparently to a different sheriff, the substantial question is whether there was such a variation in the terms of sale, to the disadvantage of appellant, a defaulting purchaser, as released his hand money already paid to the sheriff and discharged him from further liability on his bid.
A defaulting bidder is liable for the loss occasioned by his failure to…
2Cases cited7 opinions
- Bowser v. CessnaSupreme Court of Pennsylvania · 1869
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- Hare v. BedellSupreme Court of Pennsylvania · 1881
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