Keystone Collieries v. Mudge

Citations

• 256 Pa. 130
• 100 A. 526
• 1 A.L.R. 1428
• 1917 Pa. LEXIS 575

Syllabus

<p>Sheriffs’ sales — Irregularities—Validity of sale.</p> <p>1. The validity of a sheriff’s sale cannot be attacked in a collateral proceeding, except for fraud or want of authority in the officer making the sale.</p> <p>2. Where personal property is sold by the sheriff under a writ of execution and it appears that if proper advertisement had been made more bidders would have been attracted, the court may set aside the sale at the instance of the party defendant. Where, however, no application to set aside the sale is made, it cannot otherwise be avoided at the instance of the party claiming to be injured, and as to him it is valid, beyond attack, except for fraud or want of authority in the officers.</p> <p>3. In an action of replevin for an air-compressor sold by the sheriff to defendant, under a writ of execution, it was alleged that the sale was void because the property to be sold had not been sufficiently advertised, and because the sale was adjourned from the place at which it was advertised to another place, at which fewer bidders appeared. No application was made to set'aside the sale. The lower court decided that the sale was void and found in favor of plaintiff and awarded damages for the detention of the property. Eeld, that the validity of the sale and of the defendant’s title thereunder could not be questioned in a collateral proceeding, in the absence of proof of fraud or want of authority in the officers making the sale, and the judgment was reversed.</p>