Light v. Zeller

Supreme Court of Pennsylvania April 9, 1900

Light v. Zeller, 195 Pa. 315 (Pa. 1900)

45 A. 1055; 1900 Pa. LEXIS 633

Bbown, Dean, Fell, Mestbezat, Mitchell

Opinion of the Court

Per Curiam,

It is the settled rule that Avhile inadequacy of price is not by itself sufficient to justify the court in setting aside a sheriff’s sale, yet where there is great inadequacy the court may seize upon other circumstances in order to give rélief: Ritter v. *317Getz, 161 Pa. 648; Stroup v. Raymond, 183 Pa. 279. Wbat other circumstances are sufficient for this purpose is largely in the discretion of the court below, and whether or not we should in its place have reached the same conclusion in the present case, we have not been convinced that there was error which calls for reversal. As said in Ritter v. Getz, supra, “ we do not review the action of the lower courts in setting aside sheriff’s sales except in extreme eases, and this is not one of them. ”

Appeal dismissed.

Reference

Cited By: 13 cases
Status: Published
Syllabus: Sheriff's sale—Setting aside sale—Inadequacy of price. I It is the settled rule that while inadequacy of price is not by itself suifij cient to justify the court in setting aside a sheriff’s sale, yet where there| is great inadequacy the court may seize upon other circumstances in ordei| to give relief. What other circumstances are sufficient for this purposi is largely in the discretion of the court below, and the Supreme Court wilinot review the exercise of this discretion, except in extreme oases. The Supreme Court will not reverse an order of the court below setting aside a sheriff’s sale of a church where it appears that in addition to gross inadequacy of price, the notice of the sale was deficient in omitting to state that there was a well of water on the premises, and that a portion of the building was fitted up as a residence.