4 Yeates 212 | Pa. | 1805
The verdict is against our ideas of the clear law, and the decided charge of the court. In matters of small value, the court will not grant a new trial; but where a verdict has been given against law, the case is otherwise, (1 Term Rep. 171 ;) for in such instances, a third new trial has been granted. We do not feel disposed to throw any weight against sheriff’s sales, and so told the jury. But we are bound as far as we can, to preserve the law inviolate, and to award new trials where its rules have not been adhered to. Both of the exceptions which have been made to the sheriff’s deed appear to be fatal. We know of no practice in York county, which sanctions a sheriff’s deed, under circumstances similar to the present. But we well know if such practice has prevailed, it is bad in itself, and must lead to the most injurious consequences. No usage can repeal the positive provisions of an act of the legislature. 2 Term