George v. Norwood
Supreme Court of Arkansas
Appeal from Ashley Chancery Court; Marcus D. Hawkins, Chancellor; 1. The court will sustain the sale, in the absence of affirmative proof that it was fraudulent, unfair or prejudicial to the defendant or contemplated purchaser. 99 Am. Dec. 461; 61 lb. 134; Jones on Mort. § 1676. 2. It is the policy of the law to uphold judicial sales. 145 U. S. 349; 61 Am.
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Appeal from Ashley Chancery Court; Marcus D. Hawkins, Chancellor; 1. The court will sustain the sale, in the absence of affirmative proof that it was fraudulent, unfair or prejudicial to the defendant or contemplated purchaser. 99 Am. Dec. 461; 61 lb. 134; Jones on Mort. § 1676. 2. It is the policy of the law to uphold judicial sales. 145 U. S. 349; 61 Am. Dec. 134; Jones on Real Mortgages, § 1676. When the sale is fairly conducted, after proper notice, and is struck off to a third person, it will require a strong case and some peculiar exigency to warrant a court in setting it aside. 80…
1Opinion of the CourtMcCulloch, J.
Appellant, G. P. George, Jr., became the purchaser of land at a sale made by commissioner in chancery, and appeals from a decretal order of the court setting aside the sale and refusing to confirm it.
The land was advertised and exposed to sale by the commissioner in accordance with the decree of court. Appellant bid the sum of $4,000 therefor, and, being the highest bidder, the commissioner knocked the same off to him at that price, and reported the sale to the court. One of the parties to the suit filed exceptions to the report on the alleged ground that the price was grossly inadequate, and…
2Cases cited11 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Brittin v. HandySupreme Court of Arkansas · 1859
- Stump v. MartinCourt of Appeals of Kentucky · 1872
- Quigley v. BreckenridgeIllinois Supreme Court · 1899
- Comstock v. PurpleIllinois Supreme Court · 1868
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3Cited by29 opinions
- Looper v. Madison Guaranty Savings & Loan Ass'nSupreme Court of Arkansas · 1987
- Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
- Peoples-Pittsburgh Trust Co. v. BlickleSupreme Court of Pennsylvania · 1938
- Fleming v. Southland Life InsuranceSupreme Court of Arkansas · 1978
- Carr v. FairSupreme Court of Arkansas · 1909
24 more not listed; retrieve them via the Exa API.