Karsner v. Bailey

10 Del. 405

• Court: Superior Court of Delaware
• Decided: July 5, 1877
• Status: Published

Opinion

The Court,

however, held otherwise; and although the general rule is that the court will not set aside a sheriff’s sale of lands and tenements on execution process for inadequacy of price alone, unless it is gross, or where it sells for less than half of its estimated value, proved at the hearing, yet when the inadequacy of the price for which it sold is considerable other objections in addition to it will induce the court in the exercise of á sound discretion to do it. In this case, however, the court was clearly of the opinion that the statute referred to requires that the advertisements of the sales of lands and tenements by a sheriff under a levari facias on a mortgage should specify the principal improvements thereon, as much so as it requires it in a sale of lands and tenements under a judgment or other execution process, and set aside the sale on the second ground alleged against it.