Zantzinger v. Pole

by Supreme Court of the United States

ZANTZINGER verʃus POLE.

A

MOTION being made for a rule upon the Sheriff to return a Venditioni Exponas, THE CHIEF JUSTICE, upon a doubt expreffed by that officer, faid, that, by the fpirit and words of the act of Affembly, the Sheriff muft fell not merely to the higheʃt, but to the beʃt, bidder ; that, therefore, if the higheft bidder was unable to pay, the Sheriff might make an offer to the next higheft ; and that if the property was not paid for after a fale, the return fhould be, that “ the premiffes were knocked down to A.B. for

“ fo much, that the faid A.B. has not paid the purchafe money,

“ and, that, therefore, the premiffes remain unfold.”