Majority
p. 321[611] Bixly vs. Mead.
Headnote
Where property worth §1000 was struck off at a sheriff’s sale for a trifling sum, and it was shown that the plaintiff in the execution had been disappointed in the attendance of an agent, and that the defendant was insolvent, the sale was set aside and a re-sale ordered.In this case property worth $1000 was bid in at a sheriff’s sale by a relative of the defendant, for the trifling sum of $26. The plaintiff applied to the court to set aside the sale and order a- re-sale. The plaintiff had employed an agent to attend the sale and bid in the property, but the agent had forgotten to attend. The defendant is insolvent. The motion was granted.