4 Yeates 202
Decided March 15, 1805
Supreme Court of Pennsylvania · decided 1805-03-15
Motion to set aside the sheriff’s sale of two houses and lots in the city, on a levari facias, to this term. The mortgaged premises were advertised, as subject to a ground rent of 61. ios. sterling per annum. It was found out at the time of sale, that the mortgaged premises were subject only to the ground rent of 3I. 5s. sterling, the whole lot being chargeable with 61. ios. per annum, which the ground landlord refused to divide.
Cited by 2 later decisions (2 by the Supreme Court) — most recently July 1788
Good law ✅— No negative treatment on recordhow we know
Decided 1805-03-15
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¶1The advertisement was incorrect, and the application has been made, as early as it was possible. It is an additional circumstance, that by the weight of the evidence, it appears that the houses have been sold at an under value. Wherefore on the terms proposed by the defendant’s counsel,
¶2Let the sale be set aside.