Duncan v. Dodd
New York Court of Chancery
This was an application for the re-sale of mortgaged premises in the city of New-York. The property belonged to infant defendants, subject to the right of dower of their mother.
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This was an application for the re-sale of mortgaged premises in the city of New-York. The property belonged to infant defendants, subject to the right of dower of their mother. The amount due on the mortgage, exclusive of costs, was less than $1700, and the premises were struck off to Turner the purchaser for $2025. Turner went into possession by permission of the master, and paid ten per . cent on the purchase money ; but the decree, no,t being -enrolled', no conveyance had been executed. The. mother and step father of the infants, as soon as they heard of the sale, applied to the purchaser…
1Opinion of the Court
The Chancellor.
By' the practico oí the English court of chancery it is almost a matter of course to .open the bid-dings on a master’s sale, before the confirmation of his report, upon the offer of a reasonable advance on the amount bid, andi the payment of the costs and expenses of' the purchaser. As a general rule, and advance of ten per cent, is sufficient to - authorize a re-sale. (Garston v. Edwards, 1 Sim. and Stu. 20.) But the biddings will not be opened where the amount of the advance is less than £40. (Farlow v. Wieldon, 4 Mad. Rep. 460.) . The English practice as to opening bid-dings…
2Cited by29 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Camden v. MayhewSupreme Court of the United States · 1889
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Johnson v. DorseyCourt of Appeals of Maryland · 1848
- Littell v. ZuntzSupreme Court of Alabama · 1841
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