Appeal of Laird

Citations

• 2 Pa. Super. 300
• 1896 Pa. Super. LEXIS 54

Syllabus

<p>Appeal — Sheriff's sale — Setting aside same — Act of May 9, 1889.</p> <p>Prior to the act of May 9, 1889, P. L. 158, no appeal was allowed from an order of court setting aside or refusing to set aside a sheriff’s sale.</p> <p>The act of May 9, 1889, which provided that every appellate proceeding should be called an appeal did not extend the right of review or change its extent or modify in any way its exercise.</p> <p>Presumption — Discretion of court.</p> <p>The matter of setting aside sheriff’s sales belongs to the class in which the courts exercise dicretionary power. The appellate court will not presume that the court below acted arbitrarily and without proper proof of the facts on which to base its action. Where the court acts on extrinsic evidence the presumption is that everything was done rightfully and according to law.</p> <p>Amendment — Substitution of receiver for assignee.</p> <p>The substitution of a receiver for an assignee as plaintiff in an execution and exceptant to a sheriff’s sale rests in the sound discretion of the lower court and will not be interfered with.</p>