Miller v. Carnall
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court in Chancery. Hon. Felix I. Batson Circuit Judge. It is clear that the court below erred in refusing to set aside the sale upon the ground of fraud in the conduct of the appel-lee.
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Appeal from Sebastian Circuit Court in Chancery. Hon. Felix I. Batson Circuit Judge. It is clear that the court below erred in refusing to set aside the sale upon the ground of fraud in the conduct of the appel-lee. If a bidder at a sheriff’s sale of real estate prevent others from bidding by representations respecting the object of his bid, and then buy the property at the sale at a price much below its value, the sale is void as against public policy, and as a fraud up in the judgment debtor and his creditors. 7 Blackf. 265; 3 John. Cas. 29; 6 John. R. 194; 8 John. 444; Penn's ad. vs.…
1Opinion of the CourtJustice Faiechild
We do not think that the State Bank vs. Noland, 13 Ark. 299, is any authority against the petition offered by the appellants in the court below. For in that case, the petition was made in a court of law, and not at the same term in which the property sold was conveyed, but many terms thereafter, when other persons than the purchaser at the execution sale, had become interested in the property which the petition claimed — while here, the petition was presented at the same term of the court, at which the commissioner, who made the sale, reported it to the court of chancery, that is readier to…
2Cited by2 opinions
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