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WILSON v. CRAITE

No. 201.

60 Wis.2d 350 (1973)

210 N.W.2d 700

WILSON (Jane B.), a/k/a Jane B. Atwood, Appellant, v. CRAITE, Defendant: BRUNER, Respondent.

Supreme Court of Wisconsin.

Decided October 2, 1973.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by John B. Werra of Wauwatosa.

For respondent T. W. Bruner there was a brief by Gerold & Huiras of Port Washington, and oral argument by Ralph J. Huiras.

HEFFERNAN, J.

The judgment creditor's appeal is based upon the premise that a court does not have the authority to set aside an execution sale on the sole ground that the purchaser, through mistake, paid an excessive price. We agree with that contention. A trial court has the discretion to set aside even a completed execution sale if the price bid is so low as to shock the conscience of the court. Anthony Grignano Co. v. Gooch (1951),259 Wis...

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