Roger v. Ocheltree , 9 Del. 452 ( 1872 )

By the Court.

We áre satisfied that the sale of the farm was far below its value, but the mere inadequacy of the price for which it sold, unless it was so gross as to shock the sense of the court, is not a sufficient ground for setting aside the sale. There is no evidence, however, in the case that the sheriff gave, as he should have done under the statute now in force on the subject at least two weeks, or fourteen days’ notice before the day of sale, of his duty and intention to sell it, to the defendant in the writ, so as to afford him the opportunity designed by the statute, of selecting and designating to him the two newspapers in which the sale should be published; and the sale on that ground must be set aside. As to the other ground of objection, we think proper now to announce that whenever the confirmation of a sale of land by a sheriff is in due form objected to on the alleged ground that proper notice of it has not been given, or posted, or published by him, he will be required to prove that it has been duly given in such manner by him.

G. B. Rodney, for the plaintiff.

Gray and Harrington, for the defendant.