Ricketts & Stewart v. Unangst
Supreme Court of Pennsylvania
Error to the Common Pleas of Columbia county. This was an action of trover, brought by Richetts & Stewart against Edward Unangst, for the value of one hundred and thirty-five sheaves of rye.
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Error to the Common Pleas of Columbia county. This was an action of trover, brought by Richetts & Stewart against Edward Unangst, for the value of one hundred and thirty-five sheaves of rye. The rye had been the property of William Cunningham, and, while yet growing in the ground, was levied on, under executions issued on two judgments against him before a justice of the peace, one in favor of John Remley, administrator of Peter Stiner, and the other in favor of Ricketts tf- Stewart. These executions were put into the hands of A. Bomboy, deputy constable, who levied on this rye in the ground,…
1Per curiam
There can be no public sale without bidders or bystanders. If there was one bidder, and he not the execution creditor or the controller of the sale, it might make a case of difficulty, because, if the officer gota single bid, the property might be fairly struck down at its value, but not at a bid greatly below its value; but the *92officer ought not to offer the property before an attendance so thin. It would plainly be his duty to adjourn the bidding to another time; and if he did not, the inference of collusion with the bidder would be so strong that the least spark of evidence of it would…