
    No. 320
    WHEELER v. LORENZ et
    Ohio Appeals, 6th Dist., Lucas Co.
    No. 1582.
    Decided Jan. 11, 1926
    679. JUDICIAL SALES — -Order setting aside sheriff’s sale is a final order and proceeding in error will lie.
    775. MISTAKE — Belief that mortgage may be applied to pay purchase price not a mistake of law and setting aside sale for that reason, not such abuse of judicial discretion as will warrant reversal.
    Attorneys — Tracy, Chapman & Wells and Earl F. Boxell for Wheeler; Edw. McCamic for Lorenz; all of Toledo.
   RICHARDS, J.

This is a proceeding in error arising out of the action of the Lucas Common Pleas in setting aside a sale of real estate made by the sheriff on execution.

The purchaser bought the property under the misapprehension that he could apply a mortgage which he held on the property in payment of the purchase price.

Only two questions are involved in this case. First, was the order setting aside the sale a final order to which error may be prosecuted? Second, was the court guilty of an abuse of discretion in setting aside the sale? The Court of Appeals held:

1. An order setting aside a sheriff’s sale made on execution is a final order from which a proceeding in error may be prosecuted.
2. Contention that purchaser’s misapprehension was a mistake of law and not a mistake of fact, and therefore setting aside the sale was an abuse of discretion, is not in accord with the authorities on this point.

Judgment affirmed.  