Lowenstein v. Krell

Citations

• 162 Pa. 267
• 29 A. 878
• 1894 Pa. LEXIS 974

Syllabus

<p>¡Sheriff's sale — Amendment of return — Act of April 21, 1846.</p> <p>Under the act of April 21, 1846, § 1, P. L. 480, an amendment of the return of a sheriff of his proceedings under an execution for the sale of real estate, should be permitted only when equity and justice require it.</p> <p>The sheriff has no standing as a petitioner under the act, unless he has an interest in having the amendment allowed.</p> <p>Where a petition was presented by a sheriff out of office, for an amendment showing the sale of a property not mentioned in his return, and it appeared that the omission was purposely made because all parties considered the property as unsold, and the judgment upon which the execution issued was paid in full by the sale of another property (the sale of which was duly returned) and cash paid to the sheriff for the purpose; and the object of the application was to better the position, in an action of ejectment, of another judgment creditor, the amendment should be refused.</p>