Sheriff's sales — Setting aside — Inadequacy of price — Time of defense — Ejectment — Judgment — Damages for detention.
In an action of ejectment by the purchaser of real property sold on execution as the property of defendant, in which it appeared that defendant averred that the fair market value of the property was a sum substantially higher than that for which it was sold, and that he was able and willing to repay to plaintiff all sums that he might have paid in connection with the property, and it also appeared that defendant had taken no steps to attack the validity of the sheriff's sale until his defense in this action, it was Held that the court below properly entered a judgment in ejectment for possession of the premises, and directed a trial upon the issue of plaintiff's claim for damages for detention of the premises.
OPINION PER CURIAM, March 20, 1950:
The judgment of the court below is affirmed on the opinion of Judge CORSON.