Hampton v. Swan

Citations

• 266 Pa. 517
• 109 A. 674
• 1920 Pa. LEXIS 600

Syllabus

<p>Sheriff’s sale — Setting aside sale — Advertisement—Mistake as to hour of sale — Inadequate price — Bond for resale.</p> <p>The Supreme Court -will sustain the action of the lower court in setting aside a sheriff’s sale of realty, where it appears that the property was advertised for sale by the sheriff under two writs of levari facias issued respectively on judgments obtained on a first mortgage, and on what is claimed by appellee to be a second, in which he is the mortgagee; that on the first writ the sheriff advertised in two newspapers and by handbills that the property would he sold on October 30, 1918, at 2 p. m., and, on the second, that he would sell it on the 13th of the following month at the same hour; that, as required by law, he advertised the sale in a legal periodical, hut his advertisement in that periodical fixed the sale at 1 p. m.; that at that hour on October 30th, a number of persons went to the courtroom in which, according to the advertisement, the sale would he held, and left before 2 o’clock; that the sale was held at that time, and the property knocked down to the appellant at $8,500, which was the only bid offered; that the judgment upon which the first writ had issued- was for $7,554.52, entered January 14, 1914, and the bid of appellant left less than $300 for subsequent liens; that appellee had no actual knowledge until November 11, 1918, that the property had been sold on October 30th, and promptly filed his petition to have the sale set aside; that the court below found that $12,000 was an adequate price for the property, and that the petitioner has given a bond, with approved surety, that at a second sale he would bid at least that sum for it.</p>