Collier v. Whipple
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. A decree having been made for the sale of two lots of land,upon the foreclosure of a mortgage executed by one Aaron A. Moore, and the premises being advertised to be sold on the eighth day of April, 1833, the sale was postponed by the chancellor until the further order of the court, upon the application of B. Knower and M. Whipple, two judgment creditors of Moore,who asked for particular directions to the master in reference to such sale.
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Appeal from chancery. A decree having been made for the sale of two lots of land,upon the foreclosure of a mortgage executed by one Aaron A. Moore, and the premises being advertised to be sold on the eighth day of April, 1833, the sale was postponed by the chancellor until the further order of the court, upon the application of B. Knower and M. Whipple, two judgment creditors of Moore,who asked for particular directions to the master in reference to such sale. On the sixth of June the chancellor made an order, directing $808,59,part of the monies due to the mortgagees, to be raised by the…
1Opinion of the Court
The following opinions were delivered :
By Mr. Justice Nelson.
The material question in this case is, was the sale of the master free from objection, and ought it to be adjudged valid 7 I lay out of view the manner in which it was conducted at the place of sale, and also the prices at which the property was sold.
In England the advance offered, under the circumstances, would be sufficient of itself to justify the order of the court below; but that court does not profess to act upon the English practice, and in my judgment for sound and conclusive reasons. Vide 2 Page, 99. Before confirmation it…
2Cases cited2 opinions
- Requa v. ReaNew York Court of Chancery · 1831
- Duncan v. DoddNew York Court of Chancery · 1830
3Cited by51 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Blossom v. Railroad Co.Supreme Court of the United States · 1866
- Tripp v. CookNew York Supreme Court · 1841
- Brown v. FrostNew York Court of Chancery · 1843
- Johnson v. CrawlTexas Supreme Court · 1881
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