Leard's Assigned Estate
Leard's Assigned Estate
Opinion of the Court
It appears that at a public sale of the assigned estate of William H. Leard, appellant became one of the successful bidders ; and the assignee, having made return of the sale accordingly, asked the court to confirm the same, etc. Exceptions to the confirmation, filed by appellant, having been overruled, the sale was confirmed; and thereupon this appeal was taken. In his opinion overruling said exceptions the learned judge says that, at the time of sale, appellant u knew that the title to this property was not wholly in W. H. Leard, and knew that the title was in W. H. Leard, C. Leard and J. S. Leard. Had he not known these facts, after the statement had been made—as
The maxim caveat emptor is applicable to all such sales; but, when it is made to appear that a purchaser at a judicial sale has been deceived and misled to his injury, the court will interpose and relieve him from the consequences of such deception: De Haven’s Appeal, 106 Pa. 612; Schug’s Appeal, 14 W. N. 49. In this case, however, the learned judge has found, on quite sufficient evidence, that appellant “was not deceived in any manner ” by said statements. On the contrary, he knew at the time of sale that the title was not wholly in the assignor.
Decree affirmed and appeal dismissed with costs to be paid by appellant.
Reference
- Full Case Name
- W. H. Leard's Assigned Estate. P. P. Burford's Appeal
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Assignment for creditors—Setting aside sale. A sale by an assignee for the benefit of creditors will not be set aside upon the application of a successful bidder on the ground that to perfect his title he will have to buy an outstanding interest, where it appears that he knew at the time of the sale that the title to the property was not wholly in the assignor.