Comegys v. Phillips

Layton, Judge..[1] In such a situation as this, a judgment Debtor has two alternatives (1) to move to set aside the sale on or before the first Thursday of the return term of the writ (Rule 69(d) of the Superior Court Rules) or (2) to quash the Sheriff's return at any time during the return term of the execution. Voshell v.Cavender, 1 Penn. 167, 39 A. 989.

Plaintiff insists that the sale ought not to be set aside at all because the Sheriff’s false return of nulla bona should be treated under all the circumstances as a technical,' not a substantial, irregularity. The theory underlying his…