Littell v. Zuntz
Supreme Court of Alabama
This was a petition filed by Thompson Littell, to set aside a sale made by the Master pursuant to a decree rendered in favor of the petitioner, in a bill filed by him against John N. Warren and others, to foreclose a mortgage; the petition sets forth the facts as follows: The petition of Thompson Littell respectfully showeth that, on the day of your petitioner filed his bill in this Honorable Court against John N. Warren and others, for the purpose of foreclosing and selling…
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This was a petition filed by Thompson Littell, to set aside a sale made by the Master pursuant to a decree rendered in favor of the petitioner, in a bill filed by him against John N. Warren and others, to foreclose a mortgage; the petition sets forth the facts as follows: The petition of Thompson Littell respectfully showeth that, on the day of your petitioner filed his bill in this Honorable Court against John N. Warren and others, for the purpose of foreclosing and selling certain premises in a mortgage deed, described as follows: [Here follows a particular description of the premises.]…
1Opinion of the CourtOrmond, J.
— In England it is almost a matter of course to open the biddings, when a larger sum is offered for the pro*260perty before the confirmation of the sale, and in some instances afterwards. By a long series of adjudications, it has been perfected into a system; and as the general rule, the bidding will be opened whenever an advance of ten per cent, on the former sale is offered. This is shown conclusively by the cases referred to by the plaintiff in error, to which many might be added.
This is the first time the question has been raised in this Court; and we are not aware that the practice of…
2Cases cited1 opinion
- Duncan v. DoddNew York Court of Chancery · 1830
3Cited by29 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- McLean v. Presley's Adm'rSupreme Court of Alabama · 1876
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Roy v. O'NeillSupreme Court of Alabama · 1910
- Smith v. Georgia Loan & Trust Co.Supreme Court of Georgia · 1901
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