The LESSEE OF WEITZELL v. Fry

4 U.S. 218 (____)

4 Dall. 218

The Lessee of Weitzell et al.

versus

Fry.

Supreme Court of United States.

SHIPPEN, Chief Justice.

There are two points of inquiry before the Court and jury: 1st. Whether the proceedings upon the sale have been regular? 2d. Was there such an act of fraud, unfairness, or contrivance, at the time of the sale, as ought to vitiate the whole transaction?

1st. It is alleged, on the first point, that there was no precept authorising the sale; and it is proved, that, on search, a regular precept has not been found in the treasurer's office. We think, that a precept was necessary…