Ritter v. Getz

Supreme Court of Pennsylvania
Ritter v. Getz, 161 Pa. 648 (Pa. 1894)
29 A. 112; 1894 Pa. LEXIS 748
Dean, Fell, Green, McCollum, Williams

Ritter v. Getz

Opinion of the Court

Per Curiam,

We see no reason for disturbing the discretionary action of the learned court below in this case in setting aside the sheriff’s sale. The reasons stated in the opinion are quite sufficient to justify the action óf the court. The application to set the sale aside was made immediately after the sale and' before the acknowledgment of any deed. The price was grossly inadequate, and the court was at liberty to seize upon any other circumstances in order to give relief. We do not review the action of the lower courts in setting aside sheriff’s sales except in extreme cases, and this is not one of them.

Order affirmed and appeal dismissed at the cost of the appellant.

Reference

Cited By
16 cases
Status
Published
Syllabus
Sheriff's sale — Setting aside sale — Discretion of court. Where an application to set aside a sheriff’s sale is made immediately after the sale, and before the acknowledgment of the deed, and the price is grossly inadequate, the court is at liberty to seize upon any other circumstance in order to give relief. In such a case the court is justified in taking into consideration the fact that a rule to stay the writ was pending, and that the defendant and certain persons who expected to bid, by reason of the rule, either did not attend the sale, or did not prepare themselves to bid.