Wheeler v. Lorenz
This text of 4 Ohio Law. Abs. 253 (Wheeler v. Lorenz) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is a proceeding in error arising out of the action of the Lucas Common Pleas in setting aside a sale of real estate made by the sheriff on execution.
The purchaser bought the property under the misapprehension that he could apply a mortgage which he held on the property in payment of the purchase price.
Only two questions are involved in this case. First, was the order setting aside the sale a final order to which error may be prosecuted? Second, was the court guilty of an abuse of discretion in setting aside the sale? The Court of Appeals held:
1. An order setting aside a sheriff’s sale made on execution is a final order from which a proceeding in error may be prosecuted.
2. Contention that purchaser’s misapprehension was a mistake of law and not a mistake of fact, and therefore setting aside the sale was an abuse of discretion, is not in accord with the authorities on this point.
Judgment affirmed.
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Cite This Page — Counsel Stack
4 Ohio Law. Abs. 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-lorenz-ohioctapp-1926.