Assigned Estate of Myers
Supreme Court of Pennsylvania
Appeal, No. 156, Jan. T., 1899, by Andrew J. Myers et al., from order of O. P. York Co., discharging rule to set aside assignee’s sale. Rule to set aside an assignee’s sale. The court discharged the rule, Stewaht, J., filing the following opinion: I am not convinced that this sale should be set aside.
Read the full summary
Appeal, No. 156, Jan. T., 1899, by Andrew J. Myers et al., from order of O. P. York Co., discharging rule to set aside assignee’s sale. Rule to set aside an assignee’s sale. The court discharged the rule, Stewaht, J., filing the following opinion: I am not convinced that this sale should be set aside. The only technical reason for so doing is an irregularity in the conduct of the sale, the allegation that Dr. Gross, the holder of the last judgment, was misled to his injury by the statement of Edmund B. Myers, one of the assignees, that the property would not be sold for less than $90.00 per…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
From Weitzell’s Lessee v. Fry, 4 Dallas, 218, to Trust Co. v. Kelly, 185 Pa. 131, it has been uniformly held that inadequacy of price, without more, is not sufficient ground for setting aside a sheriff’s sale. The principles on which this line of decisions rests, as announced in Young’s Appeal, 2 P. & W. 380, were restated in the opinion in Stroup v. Raymond, 183 Pa. 279, in which it is said that the rule that sheriffs’ sales should not be set aside for inadequacy of price, where there has been *461no irregularity and no misapprehension as to material facts, is founded…
2Cases cited9 opinions
- Stroup v. RaymondSupreme Court of Pennsylvania · 1897
- Demmy's AppealSupreme Court of Pennsylvania · 1862
- Media Title & Trust Co. v. KellySupreme Court of Pennsylvania · 1898
- Brown's AppealSupreme Court of Pennsylvania · 1871
- White v. CrawfordSupreme Court of Pennsylvania · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McCullough's EstateSupreme Court of Pennsylvania · 1928
- Baton Coal Company AppealSupreme Court of Pennsylvania · 1950
- Mills v. RitterSupreme Court of Pennsylvania · 1900
- Westmoreland Guarantee Building & Loan Ass'n v. NesbitSuperior Court of Pennsylvania · 1902
- Barnes v. SkilesSuperior Court of Pennsylvania · 1906
2 more not listed; retrieve them via the Exa API.