Williams v. State
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court. Hance N. Hutton, Judge. Authority to reject or confirm sales must be exercised according to legal principles, and the court’s action is subject to correction upon appeal to the circuit court, where the question is tried de novo. Kirby’s Dig. § 1492; 33 Ark. 508; 43 Ark. 42; 34 Ark. 240. A bidder at a judicial sale has rights which a court of equity will protect. 36 Ark. 591; 17 Am. & Eng. Enc.
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Appeal from St. Francis Circuit Court. Hance N. Hutton, Judge. Authority to reject or confirm sales must be exercised according to legal principles, and the court’s action is subject to correction upon appeal to the circuit court, where the question is tried de novo. Kirby’s Dig. § 1492; 33 Ark. 508; 43 Ark. 42; 34 Ark. 240. A bidder at a judicial sale has rights which a court of equity will protect. 36 Ark. 591; 17 Am. & Eng. Enc. Daw, 996. The sale will not be set aside for inadequacy of price, unless it is so great as to shock the conscience. 124 Fed. 133; 65 Ark. 152; 44 Ark. 502; 47 Ark.…
1Opinion of the CourtMcCueeoch, J.
This is an appeal from the judgment of the circuit court rejecting and refusing to confirm a sale of school lands made by the collector. Exceptions to the collector’s report .of sale were filed in the county court by certain citizens, and that court sustained the exceptions, and rejected the sale. On appeal, the circuit court heard the cause upon oral testimony establishing the market value of the lands, and found that it was sold for an inadequate price, and for that reason rejected the sale.
It cannot reasonably be contended that the finding of the court as to the value of the land is not…
2Cases cited1 opinion
- Ex parte YoungSupreme Court of Arkansas · 1905