Schweitzer v. Stroh

The dominant question presented in this record is whether the owners or the highest bidder at the auction sale is entitled to the difference between $17,900, the amount of the bid, and $30,000, the market value of the property ascertained between the date of the auction and the date the sale was asked to be confirmed.

The majority opinion emphasizes the efforts of this court to stabilize judicial sales. This is important, but the primary object of a judicial sale is to obtain the highest price for the property consistent with the rights of all parties concerned. The highest bidder at a…