Legal Opinion

In re Downham Co.

Superior Court of Delaware

Decided November 18, 1932PublishedCited by 11 opinions

1Opinion of the Court

Pennewill, C. J.,

delivering the opinion of the Court:

It cannot be said that there is any definite rule in this state respecting the setting aside a Sheriff’s sale of land for inadequacy of price. In the earlier cases it was held that mere inadequacy of price was not a sufficient ground, but that such price coupled with an irregularity, in the conduct of the sale would be sufficient.

In later cases it was held that gross inadequacy of price is a sufficient reason to justify the setting aside a Sheriff’s sale.

The cases dealing with the subject are noted in Woolley’s Del. Prac., Vol 2, § 1121;…

2Cited by11 opinions

  1. Richland v. CrandallDistrict Court, S.D. New York · 1967
  2. Burge v. Fidelity Bond and Mortg. Co.Supreme Court of Delaware · 1994
  3. Webster v. Barnes Banking Co.Court of Appeals for the Tenth Circuit · 1940
  4. Soliman v. Spencer (In Re Spencer)District Court, D. Delaware · 1990
  5. Shipley v. New Castle CountySupreme Court of Delaware · 2009

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