May v. May
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the third circuit, setting aside a master’s sale, under a decree in a foreclosure suit. The premises in question were worth five or six thousand dollars, and were sold by the master, and struck off to the appellant T. W. Newcomb, for $560, the amount claimed by the complainants as due upon the decree, and chargeable upon the premises.
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This was an appeal from an order of the vice chancellor of the third circuit, setting aside a master’s sale, under a decree in a foreclosure suit. The premises in question were worth five or six thousand dollars, and were sold by the master, and struck off to the appellant T. W. Newcomb, for $560, the amount claimed by the complainants as due upon the decree, and chargeable upon the premises. The respondent B. Baker was a judgment creditor, of the owners of the equity of redemption, to the amount of about $10,000; and his judgment was the first lien upon the mortgaged premises, subsequent to…
1Opinion of the Court
The Chancellor.
It is not necessary to inquire, in this case, whether the appellant took any active part in, or was privy to, the attempt on the part of the Reeds to defraud the respondent *203of the lien of his judgment on the mortgaged premises. For it would be entirely inconsistent with the justice of this court to permit such a sale to stand, even, if it was reduced to a positive certainty, that the appellant had been allowed to purchase the mortgaged premises, for one tenth of their real value, by the mistake of the master, in suspending the sale, and then putting up the premises de novo,…
2Cited by13 opinions
- Hale v. . ClausonNew York Court of Appeals · 1875
- Lefevre v. LarawayNew York Supreme Court · 1856
- Stacy v. SmithSouth Dakota Supreme Court · 1896
- Kirby v. Circuit CourtSouth Dakota Supreme Court · 1897
- Kauffman & Runge v. MorrissTexas Supreme Court · 1883
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