106 Pa. 612 | Pa. | 1884
delivered the opinion of the court,
There was no occasion for the administrator or his attorney to make any representations, assertions or stipulations at the sale, in regard either to the quantity of the land sold, or the title to it. Had the purchaser bought in the absence of any interference, or inducements held out by the administrator to persuade the appellant to buy, the maxim of caveat emptor would certainly have applied, and we would probabty not have felt justified in reviewing the refusal of the court below
In this condition of things the purchaser applied to the Orphans’ Court before confirmation of the sale, asking the sale to be set aside and the ten per cent, paid to be refunded.
It is certain that a chancellor would not force such a title as this upon an unwilling purchaser, and we do not know of any reason why an Orphans’ Court should do so. We said in Schug’s Appeal, supra: “ Judicial sales, especially those made under the direction of the Orphans’ Court, should be so conducted as not to mislead or entrap bidders. Notwithstanding the maxim caveat emptor is applicable to such sales, it is still the duty of those who conduct them to act in good faith, and, as far as possible, avoid any misdescription or misrepresentation as to the quality or quantity of the property offered for sale.” While it is true that the risk of the title in Orphans’ Court sales is in ordinary cases taken by the purchaser, and a defective title, after confirmation, affords no defence in actions for the recovery of the purchase-money, yet it is also held that relief will be granted even in cases of this kind if application is made before confirmation: Miles v. Diven, 6 Watts, 148; King v. Gunnison, 4 Barr, 171; Fox v. Mensch, 3 W. & S., 444. It is also undoubted that the court retains entire control over the sale until, and even after, confirmation, and may or may not confirm it, according to its sense of justice in the particular case: Demmy’s Appeal, 7 Wright, 155. In the present case we of course do not assume to decide whether Perry Martin’s title to the ten acres in question is good or
Decree reversed at the cost of the appellee, and it is now adjudged and decreed that the decree of the Orphans’ Court confirming the sale be opened and the sale set aside at the cost of the administrator; and it is further ordered that the administrator refund to appellant the amount paid by him on account of the purchase money.