Wilson v. Craite

The judgment creditor’s appeal is based upon the premise that a court does not have the authority to set aside an execution sale on the sole ground that the purchaser, through mistake, paid an excessive price. We agree with that contention. A trial court has the discretion to set aside even a completed execution sale if the price bid is so low as to shock the conscience of the court. Anthony Grignano Co. v. Gooch (1951), 259 Wis. 138, 140, 47 N. W. 2d 895, and Collins v. Smith (1890), 75 Wis. 392, 397, 398, 44 N. W. 510. The rationale for the exercise of that discretion is to insure…