Gates v. Kennedy

Judge Marshall

delivered, the opinion of the Court.

Conceding, as we are inclined to do, that while a proceeding for the sale of an infant’s real estate, is still pending in the Circuit Court — while the sale, though made in the country and reported to the Court, is still incomplete, the purchase money unpaid and no conveyance executed, a motion may be entertained on behalf of the purchaser, for quashing the sale and cancelling the sale bonds, on the ground of irregularity in the proceeding; such a motion must be regarded as addressed to the sound equitable discretion of the Court, which,…