Zantzinger v. Pole

Zantzinger v. Pole. Practice — Sheriff's sale. If the highest bidder at a sheriff’s sale be unable to pay, he may offer the property to the next highest; or, he may return, that the premises were knocked down to A., for so much, that the latter has not paid the purchase-money, and therefore, the premises remain unsold. [MAJORITY] 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 premises were knocked down to A. B., for so much, that the said A. B. has not paid the purchase-money, and that, therefore, the premises remain unsold.” Friedly v. Scheetz, 9 S. & R. 164. See Holdship v. Doran, 2 P. & W. 16-18.