Yost v. Coyle
Yost v. Coyle
Opinion of the Court
Opinion by
The sheriff’s sale which the court below refused to set aside was on an execution issued upon the judgment which is the subject of the preceding appeal. Gross inadequacy of price and misdescription of property in the sheriff’s advertisements were the main reasons urged for setting the sale aside and are the only ones to be considered on this appeal. The property, was sold to the appellee for $11,600, subject to a mortgage of $13,000 and accrued interest, making the actual price which he bid for it about $25,000. In support of the allegation of inadequacy of price a number of witnesses testified that the property was worth from $35,000 to $40,000 and that it would have brought from $5,000 to $7,000 more than the price at which it was knocked down if the description had been adequate. The inadequacy of the price was in itself no reason for disturbing the sale. When, however, there is not merely inadequacy of price, but a misdescription of the property sold, plainly misleading bidders, the proper exercise of the court’s discretion in passing upon the application to set the sale aside must be reviewed.
. The following is the sheriff’s advertisement: “ Lot of ground in Fourth Ward, formerfy Fourteenth Ward, Pittsburgh.
Reference
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Sheriff’s sale — Setting aside sale — Inadequacy of price — Misdescription of property. 1. Mere inadequacy of price is not in itself a sufficient reason for setting aside a sheriff's sale, but where there is in addition a misdescription of the property sold, plainly misleading bidders, the appellate court will review the proper exercise of the lower court’s discretion in passing upon the application to set the sale aside. Sheriff’s sale — Setting áside sale — -Misdescription—Sale in Allegheny county — Act of April 6,1871, P. L. 476. 2. A sheriff’s sale of property situated in a portion of the city of Pittsburg in which real estate commands high prices will be set aside on account of inadequacy of price and misdescription of property, where the advertisement fails to disclose that the width of the rear of the lot was more than double the width of the front; that the description in the advertisement did not follow the description in the levy as required by the local Act of April 6, 1871, P. L. 476, and that the quantity of the land stated in the advertisement was about 4,000 square feet, while the actual quantity was about 6,000 square feet.