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James R. C. Oldham v. James Hossenger and Andrew J. Hossenger, executors of Joseph Hossenger, deceased

Delaware Superior Court1878
5 Houst. 43410 Del. 434

Authorities cited

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Opinion

majority opinion

The Court

held that the omission of the sheriff to include the barn in his description of the principal improvements of the first lot mentioned was sufficient to invalidate his sale of that, while the gross inadequacy of the price for which the second lot mentioned sold must invalidate his sale of that. The counsel for the plaintiffs in the writ then made known to the court their desire under these circumstances that his sale of the third lot should be also set aside, and the rule was made absolute.