Ackerman v. Cornell

Citations

• 23 Ohio C.C. Dec. 102

Syllabus

<p>1. Purchaser at Foreclosure Sale Held Proper Party to Prosecute Error Upon Motion Sustained to Set Sale Aside.</p> <p>A purchaser at a sheriff’s sale, under a decree in foreclosure, is sufficiently a party to the action in which the sale1 is made to prosecute error to the circuit court to reverse the judgment of the court of common pleas upon a motion sustained by said court in setting aside the sale of the real estate made by the sheriff.</p> <p>2. Judicial Sale not Set Aside to Allow Bid of Purchaser to be Advanced by Another Purchaser.</p> <p>In the absence of fraud, irregularity or misconduct affecting the validity of a judicial sale, such sale will not be set aside and' confirmation refused in order to allow the bid of the purchaser to he advanced by another purchaser.</p> <p>3. Appraiser not Preventing Bidding, Obtaining on Day of Sale Option from Purchaser, does not Affect Validity of Sale.</p> <p>The fact that one of the appraisers of the real estate did on the day of the sale obtain an option from the purchaser for a one-half interest in the premises does not affect the regularity and validity of the sale, in the absence of any showing that • said appraiser did in any wise prevent any one from being present or bidding at said sale.</p> <p>[Syllabus approved by the- court.]</p>