Hollister ex rel. Egbert v. Vanderlin
Hollister ex rel. Egbert v. Vanderlin
Opinion of the Court
Opinion by
The objection to the sheriff’s sale that it was not of the defendant’s interest in the land, but of the land, “ subject to two mineral mining estates” owned by the use plaintiffs, has been disposed of by the decision in Porter v. Vanderlin, 158 Pa 146.
The further objection is made to the advertisement of the sale that it was not made three full weeks before the day fixed for the sale. The language of the act of June 16,1836, sect. 63, P. L. 772, is that the officer making the sale shall give notice by advertisement “ once a week during three successive weeks.” Does this require that the first notice shall be three full weeks, or twenty-one days, before the day of sale ? It does not appear that this point has ever been expressly decided by this court, and the decisions of the courts of common pleas are not uniform upon it. The general practice however has been against such requirement, and to regard the statute as referring to calendar weeks, or specified periods of time, and an advertisement in each of three successive periods of the kind, although the advertisements may not have been all on the same
The remaining exceptions by the appellant are to matters of discretion in the court below. The sale was at first advertised for August 19 but subsequently for August 28. As the advertisements for the 28th were complete and regular and the sale was regularly adjourned from that date there was no legal right of appellant violated. If intending bidders were in fact misled by conflict of dates presumably it could have been shown. What the mistake was which induced the re-advertisement does not appear, but the whole matter was before the court below, and there is nothing to show that its discretionary power was not rightfully exercised. The proceedings being regular appellant’s application to set aside the sale was left to depend on inadequacy of price, and this has been uniformly held not to be of itself sufficient. The application might therefore have been dismissed without more, and the sale confirmed at the price bidden thereat. Appellant would have had no ground of complaint,' and he is certainly no worse off because the court accepted the offer of the purchasers to give an additional credit on their judgment. The circumstances were peculiar. The beneficial plaintiffs had a judgment which was the first lien, larger than any bid made at any time for the property. They purchased at the sale, receipting to the sheriff for the amount of their bid. There were no proceeds of the sale to go to any one else. When, in order to put an end to the contention, or possibly to satisfy any doubt in the mind of the judge arising from the offer of one thousand dollars advance by the Yander
Judgment affirmed.
Reference
- Full Case Name
- A. F. Hollister to use of A. G. Egbert and George R. Sheasly v. Robert Vanderlin
- Cited By
- 17 cases
- Status
- Published
- Syllabus
- Sheriff's sale—Advertisement—Act of June 16, 1836, § 63. Under the act of June 16, 1836, § 63, P. L. 772, which requires that a sheriff’s sale shall be advertised “ once a week during three successive weeks,” an advertisement in each of three successive weeks is sufficient, although the advertisements may not have been all on the same day of the week, and there may not have been twenty-one full days between the first day and the day of the sale. Sheriff’s sale—Re-advertisement—Discretion of court. A sheriff’s sale was first advertised for August 19, but subsequently for August 28. The advertisements for August 28 were complete and regular, and the sale was l’egularly adjourned on that date. It did not appear that intending bidders were misled by the conflict of dates. Held, that ¡the Supreme Court would not interfere with the exercise of the discretion iof the lower court in refusing to set aside the sale. Sheriff's sale-—Inadequacy of price. Mere inadequacy of price, without more, is not sufficient ground to set aside a sheriff’s sale. Sheriff's sale—Application to set aside—Offer to increase hid—Receipting on account of judgment—Practice, C. P. Where a judgment creditor, having the first Hen, bids in the property at sheriff’s sale, and receipts to the sheriff for the amount of his bid, and subsequently, on a rule to set aside the sale, another party offers to increase the bid, the court may permit the purchasers to give an additional credit on their judgment, equivalent to the advance, and then discharge the rule to set aside the sale.