Morrison v. Burnette
Court of Appeals for the Eighth Circuit
Appeal from the United States Court of Appeals in the Indian Territory. Pursuant to an order of the TInitecI States Court in the Western District of Indian Territory, which has the jurisdiction of a probate court, a lease of 160 acres of mineral land which had been allotted to Edith Durant, a minor Indian, was advertised for sale on sealed bids by Monday Durant, her guardian, and on the day of sale, March 5, 1900, the highest bonus bid for it was $3,490, and this bid was…
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Appeal from the United States Court of Appeals in the Indian Territory. Pursuant to an order of the TInitecI States Court in the Western District of Indian Territory, which has the jurisdiction of a probate court, a lease of 160 acres of mineral land which had been allotted to Edith Durant, a minor Indian, was advertised for sale on sealed bids by Monday Durant, her guardian, and on the day of sale, March 5, 1900, the highest bonus bid for it was $3,490, and this bid was made by Robert W. Morrison, Charles W. S. Cobb, John B. McKinney, William J- Breene, and Prank M. Breene, who are now the…
1Opinion of the Court
SANBORN, Circuit Judge,
after stating the case as above) delivered the opinion of the court.
As this is a proceeding in equity, the writ of error must be dismissed, and the case must be considered and decided upon the appeal, and it is so ordered.
The real question in the case is: May a court of equity, during the term at which the confirmation is made, lawfully avoid an executed judicial sale which it has confirmed, on the sole ground that a larger price may be obtained by a second sale ?
Before entering upon the consideration of this question some preliminary objections must be considered.…
2Cases cited34 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Bronson v. SchultenSupreme Court of the United States · 1882
- Graffam v. BurgessSupreme Court of the United States · 1886
- Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
- Henderson v. Carbondale Coal & Coke Co.Supreme Court of the United States · 1891
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3Cited by75 opinions
- In the Matter of Chung King, Inc., Debtor. Appeal of Michael T. NigroCourt of Appeals for the Seventh Circuit · 1985
- In re Burr Mfg. & Supply Co.Court of Appeals for the Second Circuit · 1914
- Citibank, N. A. v. Data Lease Financial CorporationCourt of Appeals for the Fifth Circuit · 1981
- Hunteman v. New Orleans Public Service, Inc.Court of Appeals for the Fifth Circuit · 1941
- Dickey v. VolkerSupreme Court of Missouri · 1928
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