In re Assigned Estate of White

Citations

• 178 Pa. 280
• 35 A. 985
• 1896 Pa. LEXIS 1164

Syllabus

<p>Assignment for creditors — Sale by assignee — Act of February 17, 1876.</p> <p>Under the act of February 17, 1876, P. L. 4, relating to saies by assignees for the benefit of creditors, the court to which the application for an order of sale is made has a discretionary power to grant or refuse the order, and when that discretion is exercised and an order is granted it will require very clear and satisfactory proof of either an abuse of discretion or a manifest disregard of the plain rights of execution creditors, under all the evidence, to induce an appellate court to reverse the action of the court below.</p> <p>An order of the court of common pleas granting to an assignee for creditors permission to sell the assigned estate will not be reversed by the Supreme Court, where it appears that there were fourteen different tracts of land and interests therein, some held by fee simple title and others by equitable title, and not all lying in the same county; that there were a considerable number of mortgages on the properties, some of which would be discharged by a sheriff’s sale and others not; that there were a number of judgments, some of which were liens on parts of the properties only, and others upon other parts; and that the discrepancy between the estimated value of the aggregated properties and the amount of the liens was not very great, and was an uncertain quantity which might result in an amount of sales larger than the estimate, and an amount of liens less than was apparent on the records.</p>