Legal Opinion

Penn's ad. v. Tolleson

Supreme Court of Arkansas

Decided October 15, 1859PublishedCited by 4 opinions

Appeal from Crittenden Circuit Court in Chancery'. Hon. George W. Beazley, Circuit Judge! The appellants interested in this case insist that the sale should be set aside and and a re-sale ordered, because: The terms of the sale were unusual; and therefore operated as a surprise without fault on the part of those interested. [2 Alabama 256.] The demand for specie was unjustifiable and oppressive; [5 Paige Chan.

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Appeal from Crittenden Circuit Court in Chancery'. Hon. George W. Beazley, Circuit Judge! The appellants interested in this case insist that the sale should be set aside and and a re-sale ordered, because: The terms of the sale were unusual; and therefore operated as a surprise without fault on the part of those interested. [2 Alabama 256.] The demand for specie was unjustifiable and oppressive; [5 Paige Chan. Ref. 48,] for, until the confirmation of the report, the bidder is not considered the purchaser; [11 Yes., jr. 559,] nor until the report is confirmed, is he compellable to complete his…

1Opinion of the CourtJustice Compton

On bill filed and proceedings had in the Crittenden Chancery Court, to enforce a lien on certain lands lying in that county, for the payment of divers sums of money, the court ordered the lands to be sold by the master in chancery, for cash; and decreed that the proceeds of the sale, with those arising from the rents and profits, to be ascertained by the master — “ will, after payment of the costs of this suit, be applied to pay Nancy E. Tolleson $8,603 66, with legal interest from this day until paid. Next, to pay the Planters Bank of Tennessee $2,811 65, with like interest from this day…

2Cases cited4 opinions

  1. Forman v. HuntCourt of Appeals of Kentucky · 1835
  2. Williamson v. DaleNew York Court of Chancery · 1818
  3. Baring & Willing v. MooreNew York Court of Chancery · 1835
  4. Goldsmith v. OsborneNew York Court of Chancery · 1833

3Cited by4 opinions

  1. Summars v. WilsonSupreme Court of Arkansas · 1943
  2. Sessions v. PeaySupreme Court of Arkansas · 1861
  3. Polk v. AfflickSupreme Court of Arkansas · 1925
  4. Hoppes v. CheekSupreme Court of Arkansas · 1860

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