Germer v. Ensign

Supreme Court of Pennsylvania
Germer v. Ensign, 155 Pa. 464 (Pa. 1893)
26 A. 657; 1893 Pa. LEXIS 1269
Dean, McCollum, Mitchell, Thompson, Williams

Germer v. Ensign

Opinion of the Court

Per Curiam,

This is an appeal from an order refusing the application of the appellants to open the biddings at a sheriff’s sale. We cannot see why the application was not granted. It seems to have been made promptly, accompanied by an offer to raise the bid of the purchaser by the sum of five hundred dollars at least. This was' a substantial advance upon the price at which the pz'operty had been struck down, and we should be glad if the learned judge had given some reason for denying the appellants the opportunity they asked. The subject is however one which belongs to the class over which the courts exercise a discretionary power, in view of all the circumstances presented to them for consideration. We cannot presume that this power was abused in this instance, and except for an abuse of it we do not ordinarily interfere izz matters resting in the discretion of the lower courts.

The appeal is dismissed.

Reference

Full Case Name
Germer v. Ensign, Admr.
Cited By
6 cases
Status
Published
Syllabus
Sheriff’s sale—Setting aside sale—Review—Discretion. The Supreme Court will not review an order of the common pleas refusing to set aside a sheriff’s sale, in the absence of evidence that the discretionary power of the lower court in such a case was abused. It seems that an application to set aside a sheriff’s sale should be granted where the application is made promptly and is accompanied by an offer to bid an increase of $500 over the price of $2,500 brought at the sale.