Fraizer v. Fraizer

This case pursued the usual course of an action of this kind for the partition of real estate. The referees' gave notice of such sale, specifying that:

‘1 The terms of sale are cash in hand or its equivalent. All bids accepted by the referees at said sale are subject to the approval of said court.”

At the sale (the property having been appraised at $4,400), one Swan was a bidder, his bid on a cash basis being $5,200; but, on suggestion, or possibly request, of the defendant, Mai*y Fraizer, the land was also offered on a basis of 10 per cent cash, and the balance in cash the first of the…