Wagener v. Yetter

Citations

• 280 Pa. 229
• 124 A. 487

Syllabus

<p>Sheriff’s sale — Setting aside sale — Inadequacy of price — Irregularities — Parties—Interest of defendant in execution — Costs.</p> <p>1. Defendants in hn execution have a standing to set aside a sheriff’s sale where the pleadings and depositions in the case show that they were in possession either as owners, or bailees for others, of the goods sold.</p> <p>2. In such case, where defendants in the execution state in rules taken by them to set aside the sales that they are not the owners, and plaintiffs deny this and no replication is filed, the status of defendants as to the property remains as it was when the writ of execution issued asserting their ownership.</p> <p>3. Mere inadequacy of price without more is not enough for setting aside a sheriff’s sale, but where the inadequacy is so great as to shock the conscience of a chancellor, the appellate court will seize even upon slight circumstances in order to give relief.</p> <p>4. A sheriff’s sale will be set aside where, in addition to gross inadequacy of price, it appears that the sale was conducted after the hour appointed, that the auctioneer appointed to cry it, and one who had come prepared to pay the sum due, had left, assuming the auction would not be held, and that defendant had no actual notice of the sale.</p> <p>5. In such case, the petitioners were ordered to pay all the costs and expenses up to the time of taking the appeal, except the sheriff’s costs, for actually making the sale.</p>