Locke v. Keiler
Mississippi Supreme Court
From the chancery court of Leflore county. Hon. Carey C. Moodey, Chancellor. Locke and others, the appellants, were complainants in the court below; Beiler and others, the appellees, were defendants there. From a decree partly in complainants’ favor the defendants appealed to the supreme court and the complainants prosecuted a cross-appeal.
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From the chancery court of Leflore county. Hon. Carey C. Moodey, Chancellor. Locke and others, the appellants, were complainants in the court below; Beiler and others, the appellees, were defendants there. From a decree partly in complainants’ favor the defendants appealed to the supreme court and the complainants prosecuted a cross-appeal. The sole question decided in the case turned upon an enquiry whether the judicial sale of the property in controversy made in November, 1886, was invalid by reason of the purchaser having fraudulently induced prospective bidders not to bid against him at…
1Opinion of the CourtWi-iiteield, C. J.
We have been at the pains of careful and repeated examination of the facts in respect to the sale in November, 1886, as, indeed, of the whole record. When the chancellor was asked to set aside that sale, the question presented to him for solution was this: Does the evidence show clearly and convincingly that the corrupt agreement was made, and that the land was grossly sacrificed in consequence of that agreement? Or, to put it differently, is the court warranted, by testimony clear, convincing, and satisfactory, that the fraud alleged has been established? It would be idle to attempt to set…
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