Legal Opinion

Wagener v. Yetter

Supreme Court of Pennsylvania

Decided April 14, 1924No. Appeals, Nos. 175-8PublishedCited by 6 opinions

Appeals, Nos. 175-8, from orders of C. P. Northampton Co., June T., 1922, Nos. 55 and 56, June T., 1922, discharging rules to set aside sheriff’s sale, in cases of D. D. Wagener et al. v. Peter F. Yetter, and Superior Albion Slate Co., and D. D. Wagener et al. v. George H. Wise, and Bangor Trust Co., petitioner. Rules to set aside sheriff’s sales. Before McKeen, J. The opinion of the Supreme Court states the facts. Rules discharged. Defendants appealed.

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Appeals, Nos. 175-8, from orders of C. P. Northampton Co., June T., 1922, Nos. 55 and 56, June T., 1922, discharging rules to set aside sheriff’s sale, in cases of D. D. Wagener et al. v. Peter F. Yetter, and Superior Albion Slate Co., and D. D. Wagener et al. v. George H. Wise, and Bangor Trust Co., petitioner. Rules to set aside sheriff’s sales. Before McKeen, J. The opinion of the Supreme Court states the facts. Rules discharged. Defendants appealed. Errors assigned were, inter alia, orders, quoting them.

1Opinion of the Court

Opinion by

Mr. Justice Schaffer,

On the record before us we have the somewhat challenging situation that, on a levy for costs amounting to $81, in two habere facias possessionem proceedings, the sheriff sold property said to be worth $15,000, and certified to us by the judge who heard the case as being worth at least $5,000, to one of the plaintiffs for $81. In addition to this, the execution defendants, by the order *231made, .were denied standing to petition to set the sale aside as though they were entire strangers to the proceeding.

Yetter, one of the defendants, was the lessee from plaintiffs…

2Cases cited3 opinions

  1. Ritter v. GetzSupreme Court of Pennsylvania · 1894
  2. Light v. ZellerSupreme Court of Pennsylvania · 1900
  3. Watkins v. JusticeSupreme Court of Pennsylvania · 1917

3Cited by6 opinions

  1. Warren Pearl Works v. Rappaport Et Ux.Supreme Court of Pennsylvania · 1931
  2. McCartney v. FrostCourt of Appeals of Maryland · 1978
  3. Taylor v. BaileySupreme Court of Pennsylvania · 1936
  4. Union National Bank of Reading v. DeLong Furniture Corp.Supreme Court of Pennsylvania · 1942
  5. In re: Upset Sale TCB Tioga Co; Apl of: OstapowiczSupreme Court of Pennsylvania · 2026

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