Fry v. Street
Supreme Court of Arkansas
APPEAL from Chicot Circuit Court in Chancery. Hon. J. M. Bradley, Circuit Judge. 'The confirmation of the sale is objected to because: 1. Misconduct of commissioner in going from place of sale to another place and informing parties that no bidders were present, and then making the sale when only those {notified were present, instead of returning that he could mot sell for want of bidders, when none came in response •to his advertisement as ordered by the court. 2. The price…
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APPEAL from Chicot Circuit Court in Chancery. Hon. J. M. Bradley, Circuit Judge. 'The confirmation of the sale is objected to because: 1. Misconduct of commissioner in going from place of sale to another place and informing parties that no bidders were present, and then making the sale when only those {notified were present, instead of returning that he could mot sell for want of bidders, when none came in response •to his advertisement as ordered by the court. 2. The price was grossly inadequate. The court is the vendor at sales under its decrees, and will confirm or reject the sale as the…
1Opinion of the CourtSmith, J.
A decree was rendered in July, 1881, condemning certain lots in the town of Lake Village to be sold at the court house door on the third of October next ensuing. The commissioner appointed to execute the decree, reported at next term that, after giving due and legal notice of the time, place and terms of sale, he had ■made the sale, $500 being the best bid that was offered. The defendant excepted to the report, alleging that the parties and the public generally had forgotten the day of •sale, in consequence of which no one attended and the •commissioner had gone into the clerk’s office and…
2Cited by6 opinions
- George v. NorwoodSupreme Court of Arkansas · 1905
- Wells v. LenoxSupreme Court of Arkansas · 1912
- Cooper v. RyanSupreme Court of Arkansas · 1904
- Marten v. JirkovskySupreme Court of Arkansas · 1927
- Strahan v. the Atlanta Natl. Bank of Atlanta, TexasSupreme Court of Arkansas · 1943
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