Lyle v. Armstrong
Lyle v. Armstrong
Opinion of the Court
Opinion by
This is an appeal from the refusal by the court below to set aside a sheriff’s sale of real estate. Inadequacy of price, and insufficiency of description in the advertisements were alleged as reasons for setting aside the sale. In considering an appeal of this kind, we will not consider statements respecting the value of the property sold, unless there is clear proof of an abuse of discretion by the court below, in dealing with the question of inadequacy of price: McKee v. Kerr, 192 Pa. 164; Light v. Zeller, 195 Pa. 315. Appellant relies upon the case of Yost v. Coyle, 226 Pa. 458, but there the circumstances were held to be unusual; the sheriff’s advertisements failed to show that the width of the rear of the lot sold was more than double the width of the front, and the area was incorrectly stated as about 4.000 square feet, while the actual quantity was about 6.000 square feet. It also appeared that the description in the advertisements did not follow that in the levy, as required by a local act of assembly in force in Allegheny county, where the proceedings took place.
The order is affirmed.
Reference
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Sheriff’s sale — Setting aside sale — Inadequacy of price — Misdescription. 1. On an appeal from an order refusing to set aside a sheriff’s sale, the appellate court will not consider statements respecting the value of the property sold, unless there is clear proof of an abuse of discretion by the court below in dealing with the question of inadequacy of price. 2. On a rule to set aside a sheriff’s sale, it appeared that the plaintifE in the execution who was also the mortgagee bid in the property for $2,500. The defendant alleged that it was worth from $85,000 to $100,000. Plaintiff admitted that the property was worth $50,000, but averred, that calculating the amount of the judgment with interest and costs, delinquent and current taxes, and municipal liens filed against it, the total cost to him would be at least $41,800. There was nothing to show that any offer had been made to purchase the property for an amount sufficient to pay the mortgage. Although an insufficient description was alleged, there was no allegation that any one was misled by the description in the advertisements. Held, that the court below was not guilty of any abuse of discretion in refusing to set aside the sale.