Wandschneider v. Bekeny

In a special proceeding to set aside a Sheriff’s sale, defendants move for reargument. The motion-for reargument presents' an important and novel question in this State: Whether a judgment debtor, whose real property is executed upon and sold at a Sheriff’s sale, can obtain a credit against the judgment being enforced in an amount determined to he the fair market value of the property. The motion for “ reargument” is granted and disposed of in accordance with the following opinion.

On April 25, 1972 plaintiffs obtained a money judgment in the sum of $97,811.30 in the Federal District Court,…