Zantzinger v. Pole

Supreme Court of Pennsylvania

Zantzinger v. Pole

1 U.S. 419, 1 Dall. 419

DecidedApril 15, 1789

StatusPublished

This text of 1 U.S. 419 (Zantzinger v. Pole) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Zantzinger v. Pole, 1 U.S. 419, 1 Dall. 419 (1789).

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Opinion

A MOTION being made for a rule upon the Sheriff to return, a Venditioni Exponas, the Chief Justice, upon a doubt expressed by that officer, said, that, by the spirit and words of the act of Assembly, the Sheriff must sell not merely to the highest, but to the best, bidder; that, therefore, if the highest bidder was unable to pay, the Sheriff might make an offer to the next highest; and that if the property was not paid for after a sale, the return should be, that “ the premisses were knocked down to A. B. for “ so much, that the said A. B. has not paid the purchase money, “ and, that, therefore, the premisses remain unfold.”

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A MOTION being made for a rule upon the Sheriff to return, a Venditioni Exponas, the Chief Justice, upon a doubt expressed by that officer, said, that, by the spirit and words of the act of Assembly, the Sheriff must sell not merely to the highest, but to the best, bidder; that, therefore, if the highest bidder was unable to pay, the Sheriff might make an offer to the next highest; and that if the property was not paid for after a sale, the return should be, that “ the premisses were knocked down to A. B. for “ so much, that the said A. B. has not paid the purchase money, “ and, that, therefore, the premisses remain unfold.”

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Bluebook (online)

1 U.S. 419, 1 Dall. 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zantzinger-v-pole-pa-1789.