3 Watts 490 | Pa. | 1835
The opinion of the Court was delivered by
It cannot now be questioned that a defendant may allege defect of title, in the whole or in part, as a defence in a suit brought by a vendor against a vendee to recover unpaid purchase
What, then, was the interest which Christian Whisler’s heirs had in these premises at the time of the sale by the administrator 1 for whatever that interest was, and no more, was acquired by the purchaser; and as to this question, since the decision of the court of common pleas, which was affirmed in error, there is neither doubt nor difficulty. I refer to the decision of the court in the amicable actions of the 8th of September 1832, between Samuel Alexander, who was the assignee of the purchaser at the sheriff’s sale, and John Bashore, together with Jacob Moltz and John Snevely, administrator of Christian Whisler. The judgment was rendered for the plaintiff for the oil-mill and lot of ground, &c., to be released on the payment of 1200 dollars, with interest from the 9th of December 1828. This is, in substance, an affirmation of the decision of the arbitrators, in the amicable action of the 8th of March 1828, between John Whisler and John Snevely, the administrator. By this decision the legal estate is adjudged to be in the heirs of Christian Whisler, but the equitable interest in the assignee of the purchaser at the sheriff’s sale. John Bashore, having succeeded by his purchase at the orphan’s court sale to all the interest of Christian Whisler in the premises, has a right to require a release of all Mr Alexander’s claim, on the payment of the 1200 dollars, with interest, as adjudged by the court. I do not understand that the plaintiff denies the general principle, as applicable to a sale by a sheriff but he argues that there is a difference between a sale by an administrator and a sheriff’s
It is further said, that the purchaser was induced to purchase in consequence of the representations of the administrator. The administrator gave it as his opinion, that the 1200 dollars would be taken out of the purchase money; but this opinion was expressed after the sale and before confirmation. There is nothing like fraud in this; for no doubt this opinion was honestly entertained by Mr Snevely. It was the folly of the purchaser, who was fully aware that there were difficulties attending the title, to repose confidence in the judgment of a person as uninformed as himself.
It was the duty of the purchaser to inquire of those who were capable of giving him correct information; and if this had been done, and the facts had been duly presented to the orphan’s court, they would have had full power to relieve him by setting aside the sale.
Judgment affirmed.