186 Pa. 375 | Pa. | 1898
Opinion by
The controlling question in this case is whether the plaintiff, as sheriff, was entitled to recover from the defendant the difference between tire price for which the house and lot was sold to him at the first sheriff’s sale and the sum realized by the second sale.
In this connection it may be stated that as soon as the widow acquired title by deed from the sheriff’s vendee under the second sale, she mortgaged the property to secure her indebtedness to the defendant, contracted after her husband’s death; and by subsequent proceedings against her that indebtedness was paid, and fully satisfied.
The learned trial judge directed a verdict for plaintiff subject to the question of law reserved, viz : “ T. D. Hughes, the plaintiff, as sheriff of Blair county, having duly acknowledged his deed to J. H. Miller, in pursuance of sale made September 29, 1893, and such acknowledgment having been duly confirmed by the court, was such confirmation of such sheriff’s deed stricken off by the court with sufficient formality, and after such due proceedings as to notice to Miller as purchaser, as will render Miller liable for the difference in price at a resale ? ”
This question was determined in defendant’s favor, and judg
The practice of presenting sheriff’s deeds for acknowledgment before the purchase money is paid or adjusted in any way should not be encouraged; but, the power of the court to strike off or vacate an acknowledgment that has been improvidently taken .or when the purchaser refuses to pay the purchase money and accept the deed cannot be doubted.
Judgment reversed, and judgment is now entered in favor of the plaintiff and against the defendant on the verdict for $1,745.62, with interest from the date of the verdict.