Barnes v. Skiles

Citations

• 30 Pa. Super. 418
• 1906 Pa. Super. LEXIS 90

Syllabus

<p>Sheriffs’ sales — Jurisdiction, of court — Setting aside sale — Acts of April 10, 1849, P. L. 597, and March 10, 1858, P. L. 91.</p> <p>The delivery by the sheriff to a purchaser at a sheriff’s sale of a paper stating that the purchaser had bought at the sale certain stock of a corporation at a price named, will not deprive the court of the jurisdiction which it has under the Acts of April 10, 1849, P. L. 597, and March 10, 1858, P. L. 91, to examine into the regularity of the sale, where it appears that the application to have the sale set aside was made before the return day of the writ, and within fifteen days after the sale, that neither transfer of the stock on the books of the company nor delivery of the certificate had taken place, and that there was- nothing in the special circumstances of the case which made the omission to move earlier prejudicial to the rights of any of the parties concerned.</p> <p>Where the evidence shows that the price brought at the sheriff’s sale was inadequate, that the sheriff had posted only two or three handbills instead of six as the law required, and that the defendant had no actual knowledge that a day and hour had been set for the sale, and that he was not present at the sale, the court is warranted in setting the sale aside.</p> <p>The matter of setting, aside sheriffs’ sales belongs to the class in which the courts exercise discretionary power. The appellate court will not presume that the court below acted arbitrarily and without proper proof of the facts upon which to base its action and will not reverse such action, whether setting aside or refusing to set aside the sale, unless there be manifest abuse of discretion.</p>