Somerville v. Hill

Citations

• 260 Pa. 477
• 104 A. 62
• 1918 Pa. LEXIS 552

Syllabus

<p>Sheriff’s sales — Irregularities — Misdescription —Setting aside sales — Discretion of court — Holder of legal title — Trustees.</p> <p>1. Setting aside or refusing to set aside a sheriff’s sale is in the sound discretion of the court below, and the decree of the court will not be reversed in absence of clear abuse.of discretion.</p> <p>2. The fact that the description of property advertised by a sheriff for sale contained a technical misstatement of the street numbers was held not to be such an irregularity as would justify the setting aside of the sale, where it appeared that the premises were otherwise properly described.</p> <p>3. Upon a rule to show cause why a sheriff’s sale of real estate should not be set aside it appeared that the petitioner was the holder of the legal title, subject to the direction and control of trustees. Previous to the sale the trustees presented a petition asking that the writ be stayed, which petition the court dismissed on the morning of the sale. The sheriff before beginning the sale and before being advised of the discharge of the rule by the court, announced the property in question would not be offered for sale; subsequently, the sheriff was notified of the court’s action and counsel for the parties in execution requested that the sale be proceeded with and the property was then sold. There was some evidence that persons intending to bid on the property had left prior to the sale. The attorney who represented the trustees in the petition to stay the sale, bid on the property, but not for the trustees, and made no protest against the sale. The trustees did not complain in the petition to set aside the sale nor did the petitibner complain on their behalf but on his own as real and registered owner. The petitioner did not offer to bid or secure a purchaser at a higher price. Held, the court below properly discharged the rule.</p> <p>4. Doubt if petitioner has such interest in the property as to entitle him to intervene in his ow