Felton v. Felton
Supreme Court of Pennsylvania
Felton v. Felton, 175 Pa. 44 (Pa. 1896)
34 A. 312; 1896 Pa. LEXIS 1203
Dean, Fell, Green, McCollum, Sterrett
Felton v. Felton
Opinion of the Court
An examination of this record has failed to convince us that there was any error “ in discharging the rule to set aside the sheriff’s sale.” It has been uniformly held that mere inadequacy of price, without more, is not sufficient ground for setting aside a sheriff’s sale: Hollister v. Vanderlin, 165 Pa. 248; Cake v. Cake, 156 Pa. 47. There is nothing to show that, in discharging the rule to show cause, there was any abuse of that discretion with which the court below is invested. Further discussion of the subject is unnecessary. We are all of opinion that no sufficient ground for reversal has been shown.
Decree affirmed and appeal dismissed, with costs to be paid by the defendant.
Reference
- Full Case Name
- Hiram Felton, Amanda Felton, Mary Hollman and Sarah Armen, Administrators of Alfred Felton v. Charles B. Felton
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Sheriff's sale — Setting aside sale — Inadequacy of pnce — Discretion of the court. Mere inadequacy of price without more is not sufficient ground for setting aside a sheriff’s sale. Under a rule to set aside a sheriff’s sale it appeared that the property sold for $1,500. The defendant in the execution offered testimony which was contradicted, that the property was worth $10,000. A number of witnesses testified that they saw no handbills posted on the premises before the sale. The sheriff’s deputy testified that he posted bills on the premises. The defendant also showed that the advertisements of the sales described the premises by metes and bounds without any reference to the fact that streets had been laid out over the tract. The defendant offered to give a bond that the property at the next sale would bring twenty to twenty-five per cent more than the previous bid. Held, that the court below did not^abuse its discretion in refusing to set aside the sale.