Iron & Glass Dollar Savings Bank v. Wigman

Citations

• 264 Pa. 146
• 107 A. 661
• 1919 Pa. LEXIS 610

Syllabus

<p>Sheriff’s sale — Resale—Setting aside sale.</p> <p>1. Where the owner of a second lien on a property purchases the property at a sheriff’s sale, and is prevented by a rule of the fuel administrator as to the operation of elevators, from reaching with his attorney the sheriff’s office, at a certain hour when the purchase money was to be paid, and the property is sold at a second sale, the first purchaser is entitled to have the second sale set aside, when he shows that he had money with him to pay the purchase price when he tried to reach the sheriff’s office, that he was eighty-six years old, that he was delayed by reason of the fuel rule, and that he had entered a bond with the gheriff to bid $2,200 in excess of the bid at the second sale, if another sale were ordered; the first purchaser to reimburse the second purchaser his expenses.</p> <p>2. An acknowledgment of a sheriff’s deed will be set aside, where it appears that exceptions to the sheriff’s sale were pending when the acknowledgment was made; the Act of April 22, 1905, so provides.</p>