Lyle v. Armstrong

Citations

• 235 Pa. 224
• 83 A. 577
• 1912 Pa. LEXIS 531

Syllabus

<p>Sheriff’s sale — Setting aside sale — Inadequacy of price — Misdescription.</p> <p>1. On an appeal from an order refusing to set aside a sheriff’s sale, the appellate court will not consider statements respecting the value of the property sold, unless there is clear proof of an abuse of discretion by the court below in dealing with the question of inadequacy of price.</p> <p>2. On a rule to set aside a sheriff’s sale, it appeared that the plaintifE in the execution who was also the mortgagee bid in the property for $2,500. The defendant alleged that it was worth from $85,000 to $100,000. Plaintiff admitted that the property was worth $50,000, but averred, that calculating the amount of the judgment with interest and costs, delinquent and current taxes, and municipal liens filed against it, the total cost to him would be at least $41,800. There was nothing to show that any offer had been made to purchase the property for an amount sufficient to pay the mortgage. Although an insufficient description was alleged, there was no allegation that any one was misled by the description in the advertisements. Held, that the court below was not guilty of any abuse of discretion in refusing to set aside the sale.</p>