Felton v. Felton
Supreme Court of Pennsylvania
Appeal, No. 41, Jan. T., 1896, by Charles B. Felton, from order of C. P. No. 1, Philadelphia Co., March T., 1895, No. 718, discharging rule to set aside sheriff’s sale. Rule to set aside sheriff’s sale.
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Appeal, No. 41, Jan. T., 1896, by Charles B. Felton, from order of C. P. No. 1, Philadelphia Co., March T., 1895, No. 718, discharging rule to set aside sheriff’s sale. Rule to set aside sheriff’s sale. Before Brégy, J. From the record it appeared that the property in question, fourteen acres of land, was sold on June 3, 1895, by the sheriff to William M. Frost for the price of $4,500. The evidence for the plaintiffs, though contradicted, was that the property was worth $10,000. A number of witnesses called by the defendant testified that they did not see any handbills posted on the premises…
1Opinion of the Court
Per Curiam,
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…
2Cases cited2 opinions
- Hollister ex rel. Egbert v. VanderlinSupreme Court of Pennsylvania · 1895
- Cake v. CakeSupreme Court of Pennsylvania · 1893
3Cited by3 opinions
- Plummer v. WilsonSupreme Court of Pennsylvania · 1936
- Burton v. KippMontana Supreme Court · 1904
- Schekter v. KatlerSuperior Court of Pennsylvania · 1928