Delaware County National Bank v. Miller

Opinion by

Mr. Justice Simpson,

This appeal is from an order of the court below setting aside a sheriff’s sale of real estate. The situation is unusual, but the decision is right.

On February 17, 1927, Ellis Himber executed and delivered to the Pennsylvania National Bank sixteen mortgages, each secured on a separate property on which was erected either a dwelling or a store. On September 8, 1927, Himber sold the properties to Samuel Miller, defendant, subject to these mortgages, for a consideration which included the giving by Miller to Himber of a second mortgage on each of the properties, and…