Nix v. Draughon
Supreme Court of Arkansas
Appeal from Miller Circuit Court in Chancery. Draughon and Allen Bros. obtained judgment against Nix foreclosing a mortgage upon two tracts of land situated in the City of Texarkana, given to secure a debt of $1950. A commissioner was appointed to sell the property. After making the sale he filed his report, showing that he had complied with the order of the court and had sold each tract of land, one for $1000 and the other for $800, and that they were bid off by plaintiffs.
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Appeal from Miller Circuit Court in Chancery. Draughon and Allen Bros. obtained judgment against Nix foreclosing a mortgage upon two tracts of land situated in the City of Texarkana, given to secure a debt of $1950. A commissioner was appointed to sell the property. After making the sale he filed his report, showing that he had complied with the order of the court and had sold each tract of land, one for $1000 and the other for $800, and that they were bid off by plaintiffs. To the confirmation of this report, defendant filed exceptions, as follows : («) “ There were no bidders attending the…
1Opinion of the CourtHemingway, J.
1. Judicial sale not set aside for i ti - adeqtiacyof price.
The sale was made in accordance with the'decree, and there was no showing' that it was conducted fraudulently or unfairly. The fact that the lands sold for an inadequate price was not sufficient to entitle the defendant to a resale, and the court did not err in refusing to order one. Fry v. Street, 44 Ark. 502; Blackburn v. Selma Ry. 3 Fed. Rep. 689; 2 Dan. Ch. Pr. (4th ed.), 1285.
2. Validity of sale of land in a body.
The defendant cannot complain that the three acre tract was sold in a body. The decree condemned it as one tract, and…
2Cases cited1 opinion
- Fry v. StreetSupreme Court of Arkansas · 1884
3Cited by4 opinions
- George v. NorwoodSupreme Court of Arkansas · 1905
- Dazet v. LandryNevada Supreme Court · 1892
- Mulkey v. WhiteSupreme Court of Arkansas · 1951
- Cooper v. RyanSupreme Court of Arkansas · 1904