Opinion
January 17, 1967.
March 14, 1967.
Practice — Procedure — Sheriff's sale — Setting aside — Courts — Discretion — Appellate review.
A petition to set aside a sheriff's sale is addressed to the sound discretion of the court below and its decision will not be reversed on appeal unless there is a gross abuse of that discretion.
Before MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 439, Jan. T., 1966, from order of Court of Common Pleas No. 4 of Philadelphia County, June T., 1965, No. 5240, in case of The Philadelphia National Bank v. New Ideas Enterprises, Inc. Order affirmed.
Petition to set aside sheriff's sale.
Petition dismissed and sheriff's sale confirmed, opinion by WEINROTT, J. Petitioner appealed.
Leonard B. Gordon, with him Polis and Polis, for appellant.
Bernard M. Borish, with him Samuel A. Goldberg, and Wolf, Block, Schorr and Solis-Cohen, for appellee.
Richard P. Brown, Jr., with him Howard H. Rapp, and Morgan, Lewis Bockius, for appellee.
This is an appeal from an order refusing to set aside a sheriff's sale of real estate. A petition to set aside such a sale is addressed to the sound discretion of the court below and its decision will not be reversed on appeal, unless there is a gross abuse of that discretion. See Capozzi v. Antonoplos, 414 Pa. 565, 201 A.2d 420 (1964). We find no abuse of discretion in this case.
Order affirmed.