Thompson v. McManama
Ohio Superior Court, Cincinnati
Special Term. — On motion to set aside a sheriff’s sale. At the January term, A. D; 1858, the plaintiff obtained a decree of foreclosure and sale of certain leasehold premises in the city of Cincinnati.
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Special Term. — On motion to set aside a sheriff’s sale. At the January term, A. D; 1858, the plaintiff obtained a decree of foreclosure and sale of certain leasehold premises in the city of Cincinnati. The property was appraised at $900, and the sheriff makes his return that the property “ was struck off and sold to Joseph Temple for the sum of $860, it being more than twó-thirds of the appraised value of said lot or parcel of land, and he being the highest and best bidder for said premises and the purchaser thereof.” The sheriff also indorsed upon the order of sale the following statement…
1Opinion of the CourtStorer, J.
The duty of the sheriff) whenever he is required to sell real estate upon execution, is plain.
1. He must demand and receive the purchase money from the purchaser before he makes his return.
2. He must sell to the highest and best bidder.
3. If the purchaser neglects or refuses to pay the purchase money, or if he is not a real bidder, and it is evident that he has made his bid to postpone the sale or delay the creditor in the collection of his debt, it is the duty of the sheriff’ to disregard his bid and offer the property again for sale, as if no previous bid had .been made.
It was held in 3…
2Cases cited1 opinion
- Jamison v. TudorCourt of Appeals of Kentucky · 1843