Schroeder v. Young
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH. This was a complaint in the nature of a bill in equity, originally filed in the Third Judicial District Court of the Territory of Utah, by John M. Young against Frank E. Stephens and wife and Albert T. Schroeder and wife, as defendants, to set aside and cancel certain execution sales of real property in Salt Lake City as fraudulent and void, and for permission to redeem from such sales, notwithstanding the expiration of…
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH. This was a complaint in the nature of a bill in equity, originally filed in the Third Judicial District Court of the Territory of Utah, by John M. Young against Frank E. Stephens and wife and Albert T. Schroeder and wife, as defendants, to set aside and cancel certain execution sales of real property in Salt Lake City as fraudulent and void, and for permission to redeem from such sales, notwithstanding the expiration of the statutory time for redemption, and for a decree compelling the defendants to convey to the plaintiff the property…
1Opinion of the CourtJustice Brown
Plaintiff renes mainly for a decree in this case upon the fact that his interest in the property in question, which the trial court found to be worth $26,000, was sacrificed at these several judicial sales to pay a judgment of little more than $1700.
While mere inadequacy of price has rarely been held suffi cient in itself to justify setting aside a judicial sale of property, courts are not slow to seize upon other circumstances impeaching the fairness of the transaction, as a cause for vacating it, especially if the inadequacy be so gross as to shock the conscience. If the sale has been…
2Cases cited14 opinions
- French v. EdwardsSupreme Court of the United States · 1872
- Pacific Railroad v. KetchumSupreme Court of the United States · 1880
- Graffam v. BurgessSupreme Court of the United States · 1886
- Stead's Executors v. CourseSupreme Court of the United States · 1808
- Wight v. Shelby RailroadCourt of Appeals of Kentucky · 1855
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3Cited by126 opinions
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- Watkins v. Central Motor Lines, Inc.Supreme Court of North Carolina · 1971
- Louis Vadino v. A. Valey EngineersCourt of Appeals for the Third Circuit · 1990
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