Rich v. Bellamy

This is an appeal from an order setting aside a judicial sale of real property based upon a finding that plaintiff was mistaken in his bid at the execution sale and that defendant would be unjustly enriched if the sale was confirmed.

That order was based upon plaintiffs motion to set aside the sale which alleged that:

"* * * Plaintiff thought he was purchasing the real property above described when he bid the sum of $17,000.00 for such real property, when in fact he was only purchasing an undivided one-half interest, the remaining undivided one-half interest being owned by the wife of the…