Baring & Willing v. Moore
New York Court of Chancery
In January, 1834, a sale, of lot No. 13, in Binghampton, • which had been made by a master in chancery, was set aside, and the master was directed to resell the premises, provided the sum of $3500 should be bid therefor upon such resale. From this order the purchaser at the first sale appealed to the court for the correction of errors; and the order of the chancellor was subsequently affirmed by the appellate court.
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In January, 1834, a sale, of lot No. 13, in Binghampton, • which had been made by a master in chancery, was set aside, and the master was directed to resell the premises, provided the sum of $3500 should be bid therefor upon such resale. From this order the purchaser at the first sale appealed to the court for the correction of errors; and the order of the chancellor was subsequently affirmed by the appellate court. Pending that appeal, the master, acting under the direction of the solicitor for the complainants, who was the brother and partner of the appellant, proceeded to a resale of the…
1Opinion of the Court
The Chancellor.
By the decision of the court for the correction of errors, upon the appeal from the order of the 7th of January last, the former purchaser has no longer any interest adverse to the claim of the petitioners upon the present application ; as the amount which they ask to pay into court on the last sale is much more than is to be refunded to him under the order which has been affirmed. It is not necessary, therefore, that I should decide the question whether the appeal bond for costs which was filed in this case was sufficient to stay the proceedings upon the order appealed from;…
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