Stark v. Cummings

1. When it is sought to set aside a sheriff’s deed upon the ground of excessiveness of the levy, the actual market value of the property should be compared with the amount due upon the fi. fa. In the ease at bar the market value was not ascertainable by testimony as to what such property usually brings at tax sales, the witness testifying further that at other public sales such property usually brought a higher price. Accordingly, it was erroneous for the court, over proper objection urged by the plaintiff, to permit witnesses for the defendant to testify: “At these tax sales, property never…