Haspel v. Lyons

Citations

• 41 Pa. Super. 285
• 1909 Pa. Super. LEXIS 54

Syllabus

<p>Execution — Sheriff’s sale — Setting aside of sale — Discretion of court— Revieio.</p> <p>1. The action of the court of common pleas in setting aside a sheriff’s' sale of real estate before acknowledgment of a sheriff’s deed, will not be reversed, where it appears that the property was assessed for taxation at $1,200, that its real value was $800, that the bid at the sale was $200, and that an attorney employed to attend the sale and bid to the sum of $800 had failed to do so because of his misapprehension as to the discharge of a lien upon the property.</p> <p>2. While inadequacy of price is not of itself sufficient to justify the setting aside of a sheriff’s sale, yet when there is great inadequacy, the court may seize upon other circumstances in order to give relief. Its discretion in doing so, if properly exercised, will not be reviewed by the appellate court.</p>