Totten & Co. v. Cooper, Reynolds & Co.

Citations

• 129 Pa. 314
• 18 A. 1120
• 1889 Pa. LEXIS 956

Syllabus

<p>(a) Petitions to set aside a sheriff’s sale of personal.property averred that the sheriff had levied on and advertised “ 60 rolls more or less, a large scales, fire brick, fire clay, sharp sand,” etc.; that at the sale a notice was read from the owners of the mill that the rolls could not be removed until the expiration of defendants’ lease, about two years, and that the sheriff was not to sell them; that the sheriff sold the rolls all together, and the fire brick, fire clay and sand, in lots, and that these articles and the scales were purchased by the agent of the owners of the mill.</p> <p>(b) The sheriff in his answer, averred that the goods were levied on, advertised and sold in the best possible manner. It appeared that the rolls had cost $7,563.45; that all the goods sold had been appraised on a landlord’s warrant, pending the proceedings to set aside the sale, at $3,600, the rolls being appraised at about $2,400; that all these goods were sold at the sheriff’s sale for $356, the rolls bringing $270, and that the rolls were purchased for the owners of the mill.</p> <p>1. In such case, it was not error for the court to make the rule to show cause why the sale should not be set aside absolute as to the rolls, scales, fire brick and fire clay, conditioned that the costs of sale of said articles be paid by defendants, and to discharge the rule as to the other articles.</p>