ESTATE OF WARNER


300 Pa.Super. 188 (1982)

446 A.2d 293

In Matter of ESTATE OF Blanch N. WARNER. Appeal of Robert E. NESS and Patricia R. Ness.

Superior Court of Pennsylvania.

Filed May 28, 1982.


Attorney(s) appearing for the Case

Allen H. Smith, York, for appellants.

Earl R. Doll, York, for appellee.

Before WICKERSHAM, WIEAND and MONTEMURO, JJ.


WIEAND, Judge:

If a tract of land containing 10.4 acres, more or less, is sold at public auction to a purchaser who pays the full bid price and accepts a deed for the land, may the purchaser thereafter recover damages because a later survey discloses that the tract in fact contains only 8.163 acres? The Orphans' Court of York County concluded that there could be no recovery and entered a decree dismissing a claim therefor. We affirm.

Blanch Warner owned an...

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