Haspel v. Lyons
Superior Court of Pennsylvania
Appeal, No. 110, Oct. T., 1909, by defendant, from order of C. P. No. 5, Phila. Co., Dec. T., 1905, No. 823, making absolute rule to set aside sheriff's sale of real estate in case of Lewis A. Haspel, Receiver of the United Building & Loan Association, v. Bridget McLaughlin-Lyons and Frank B. Ellis. Rule to set aside sheriff’s sale. The opinion of the Superior Court states the case. Error assigned was order making absolute order to set aside sheriff’s sale.
1Opinion of the Court
Opinion by
Rice, P. J.,
An application to set aside a sheriff’s sale before acknowledgment of the deed belongs to the class of cases in which the courts of common pleas have immemorially exercised discre*287tionary power. The appellate court will not presume that the court below acted arbitrarily and without proper proof of facts upon which to base its action, and will not reverse such action, whether setting aside or refusing to set aside, unless there be error of law apparent in the record or abuse of discretion be shown. It was alleged in the defendant’s petition for the rule to show cause why…
2Cases cited6 opinions
- Stroup v. RaymondSupreme Court of Pennsylvania · 1897
- Ritter v. GetzSupreme Court of Pennsylvania · 1894
- Light v. ZellerSupreme Court of Pennsylvania · 1900
- Phillips v. WilsonSupreme Court of Pennsylvania · 1894
- Appeal of LairdSuperior Court of Pennsylvania · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lefever v. KlineSupreme Court of Pennsylvania · 1928
- Commonwealth Trust Co. v. Lykens Lodge No. 1176, Pennsylvania Court of Common Pleas, Dauphin County1933
- Green v. City Garage, Pennsylvania Court of Common Pleas, Cameron County1936
- Western Saving Fund Society v. Stevenson, Pennsylvania Court of Common Pleas, Philadelphia County1940