John Chaffe & Sons v. Aaron
Mississippi Supreme Court
Appeal from the Chancery Court of Sharkey County. Hon. Warren Cowan, Chancellor. The case is sufficiently stated in the opinion of the court. Before the passage of the act in question the powers of a chancery court to set aside a sale for inadequacy of price was confined to cases where the inadequacy was so gross as to raise a presumption of fraud per se. Allen v<. Martin, 61 Miss. 86, and cases therein cited.
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Appeal from the Chancery Court of Sharkey County. Hon. Warren Cowan, Chancellor. The case is sufficiently stated in the opinion of the court. Before the passage of the act in question the powers of a chancery court to set aside a sale for inadequacy of price was confined to cases where the inadequacy was so gross as to raise a presumption of fraud per se. Allen v<. Martin, 61 Miss. 86, and cases therein cited. Then, up to the time of the passage of the act, a constituent part of the agreement between every mortgagor and mortgagee was the right of the latter, when he had procured the rendition…
1Opinion of the CourtChalmers, J.
Chaffe & Sons, who filed a bill and obtained a decree of foreclosure against Wolf Aaron, bought the mortgaged property at the commissioner’s sale for the sum of one hundred dollars. Upon motion to confirm the report it was proved that the property was worth many times that amount, and bond being given and approved to make it bring more than fifteen per cent, advance- on the former bid and to pay all costs, in accordance with the provisions of an act entitled an act “in relation to the confirmation of sales under decrees in chancery, approved February 28,1884 ” (Sheet Acts, p. 71), the…
2Cited by4 opinions
- Pritchard v. Savannah Street & Rural Resort RailroadSupreme Court of Georgia · 1891
- Templeton v. Linn CountyOregon Supreme Court · 1892
- Owens v. StateMississippi Supreme Court · 1902
- Peters v. United StatesCourt of Appeals for the Eighth Circuit · 1927