Media Title & Trust Co. v. Kelly

Citations

• 185 Pa. 131
• 39 A. 832
• 1898 Pa. LEXIS 680

Syllabus

<p>Sheriff's sale — Setting aside sheriff's sale — Confirmation of sale — Inadequacy of price.</p> <p>A sheriff’s sale will not be set aside for mere inadequacy of price.</p> <p>The delivery of a sheriff’s deed, after it has been properly acknowledged, the sale confirmed and the purchase money paid, vests the title in the purchaser. If any fraud has been committed upon the defendant in the execution, his remedy is either by an action of ejectment or by a bill in equity, and the court has no power, upon a rule to show cause, to set aside the sale and compel the purchaser to deliver up the deed to be canceled because part of the land has been subdivided into building lots and part contains a valuable stone quarry, neither of which was mentioned in the advertisement, and the advertisement did not comply with the law, and the price was grossly inadequate.</p> <p>On an appeal from an order setting aside a sheriff’s sale, where the record does not disclose any special order fixing a day for the acknowledgment of sheriff’s deeds, but it is not alleged that there was no such order, the Supremo Court will presume that the court below acted rightly and strictly in accordance with its own rule in the matter of the acknowledgment of the deed.</p>