KLINE ET AL., ADMRS. v. KLINE ET AL., 324 Pa. 145 (1936)

188 A. 119

Kline et al., Admrs. v. Kline et al., Appellants.

Supreme Court of Pennsylvania.October 13, 1936.
November 23, 1936.

Executions — Sheriff’s sale — Setting aside — Discretion of lower court — Appeal — Bidders under misapprehension.

1. Where a sheriff’s sale is set aside by a court, its order will not be disturbed on appeal unless there is manifest or gross abuse of discretion. [146]

2. Where it appeared that the bidders at a sheriff’s sale were under a misapprehension as to the effect of the sale on liens of record, an order setting aside the sale, upon condition that the purchaser bid the amount at which the property was sold to him provided the holder of the first mortgage agreed to satisfy it and, if not, the bid should be the original sum less the amount of the first mortgage, was held not to be an abuse of discretion. [145-6]

Argued October 13, 1936.

Before KEPHART, C. J., SCHAFFER, DREW, LINN, STERN and BARNES, JJ.

Appeal, No. 179, March T., 1936, by defendants, from decree of C. P. Clarion Co., C. D. Feb. T., 1928, No. 60, E. D. Aug. T., 1935, No. 1, in case of E. F. Kline et al., administrators of Estate of W. J. Kline, deceased v. O. C. Kline et al. Decree affirmed.

Petition and rule to set aside sheriff’s sale.

Rule made absolute and sale set aside upon conditions, opinion by RIMER, P. J. Defendants appealed.

Error assigned, among others, was order.

Geo. F. Whitmer, with him A. A. Geary, for appellant.

Theo. L. Wilson, with him John M. Myers, for appellees.

PER CURIAM, November 23, 1936:

This appeal is from an order setting aside a sheriff’s sale. The condition upon which the order was made required

Page 146

the purchaser to bid the amount at which the property was sold to him provided the holder of the first mortgage agreed to satisfy it and, if not, the bid should be the original sum less the amount of the first mortgage. When a sheriff’s sale is set aside by a court, the order will not be disturbed on appeal unless there is manifest or gross abuse of discretion:Lefever v. Kline, 294 Pa. 22, 25; Beaver County B. L. Association v. Winowich, 323 Pa. 483.

It is clear from a careful review of the evidence that the bidders were under a misapprehension as to the effect of the sale on liens of record. The court below did not abuse its discretion in setting aside the sale and attaching thereto the conditions stated.

The decree of the court below is affirmed at appellants’ cost.