260 Pa. 477 | Pa. | 1918
Opinion by
Gerald F. Miller, as petitioner, appeals from the action of the court below in discharging a rule to show cause why he should not be permitted to intervene as a party defendant, and why a sheriff’s sale of real property should not be set aside because of the misdescription of the premises in the sheriff’s advertisement, and the misleading announcement at the sale, alleged to have resulted in an inadequate price being received for the property.
Appellant averred he was the real and registered owner of the premises in question. That he was the registered owner is admitted in the answer; it is denied, however, he was the real owner, and the evidence shows he was merely the holder of the legal title on behalf of his father who was one of the executors and trustees under the will of Peter J. Tieman, to whom the property had been devised in trust. A mortgage covering the premises at the death of Tieman had previously been foreclosed
Neither does it appear that the description was calculated to mislead bidders. The property alleged to have been insufficiently described consisted of a lot on which was built a three-story brick house and a two-story brick stable. On the books of the board of revision of taxes the house is No. 2409, and the stable Nos. 2411-2417 Cedar street. In advertising the premises they were properly described by metes and bounds but the numbers were given as 2409-11-13 Cedar street instead of 2409-11-13-15-17 Cedar street. The evidence failed to show that there were in fact any numbers on the property except on the house, which was No. 2409.
This case falls within Home Buyers’ B. & L. Assn. v. Peterman, 253 Pa. 418, where premises, described as messuage, in fact consisted of a three-story brick store with two upper floors suitable for apartments, and also a garage. The court below held in an opinion adopted on appeal (page 421) that, as “the dimensions of the lot are correct, the property is a corner property, so that the garage was visible to any one inspecting it and no allegation appears in the petition that any buyers were deterred from bidding, and the person who makes the objection does not allege that she had no knowledge of the sale, and there is no offer on the part of the petitioner, either individually or as trustee, to make any bid at a' sale,” the rule was properly discharged. In the present case it is difficult to see how the omission of the additional street numbers could have misled anyone, in view of the situation of the property, the notice of the improvements and the fact that the only number on the main building was 2409. The additional numbers in the advertisement gave notice that more than the single building was included in the sale.
A discussion at length of the irregularity in the sale
Appellant not only failed to establish to thá satisfaction of the court below that he possessed sufficient interest to enable him to intervene, but also failed to produce sufficient evidence of a material misdescription and an irregularity resulting in the sale of the property at a less price than would otherwise have been obtained. We can find no such error in the record as would justify a reversal.
Setting aside or refusing to set aside a sheriff’s sale is in the sound discretion of the court below, and the decree of that court will not be reversed in absence of clear abuse of discretion: Chase v. Fisher, 239 Pa. 545; Snyder v. Snyder, 244 Pa. 331; Watkins v. Justice, 256 Pa. 37.
The judgment is affirmed.