Cannon v. Hewitt
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. Walters, Judge. Action for confirmation of receiver’s sale. Lienholder appeals from order of the trial court affirming such sale. The order of the court required a public sale, and no deviation from the terms of a decree is more obnoxious to objection than selling at private sale when the order directs a public sale.
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APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. Walters, Judge. Action for confirmation of receiver’s sale. Lienholder appeals from order of the trial court affirming such sale. The order of the court required a public sale, and no deviation from the terms of a decree is more obnoxious to objection than selling at private sale when the order directs a public sale. (South Baltimore Brick & Tile Co. v. Kirby, 89 Md. 52, 42 Atl. 913.) The receiver had no authority or power in the matter other than to sell to the highest bidder who paid twenty-five…
1Opinion of the Court
DAYIS, District Judge.
On October 29, 1909, O. E. Cannon was appointed receiver of the assets of the Great Western Beet Sugar Company by the district court of the fourth judicial district, and on November 10, 1911, the judge of said court authorized such receiver to sell all the property *332of said company in order to pay its debts. The receiver thereupon fixed December 15, 1911, as the date of such sale, and gave due notice thereof, but on December 1, 1911, Henry H. Hewitt, Jr., the holder of a lien against said property and appellant herein, obtained a writ of prohibition from this court…
Also in this document: Concurrence.
2Cases cited10 opinions
- Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
- City of Maquoketa v. WilleySupreme Court of Iowa · 1872
- Godchaux v. MorrisCourt of Appeals for the Fifth Circuit · 1903
- Magann v. SegalCourt of Appeals for the Sixth Circuit · 1899
- Blanks v. Farmers' Loan & Trust Co.Court of Appeals for the Fifth Circuit · 1903
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3Cited by8 opinions
- Lesser & Son v. SeymourCalifornia Supreme Court · 1950
- Citicorp Mortgage, Inc. v. BurgosSupreme Court of Connecticut · 1993
- Gibbs v. ClaarIdaho Supreme Court · 1938
- Quinn v. S.S. JianDistrict Court, D. Maryland · 1964
- McCloskey v. ShortleNew Mexico Supreme Court · 1937
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