Kauffman & Runge v. Morriss
Texas Supreme Court
Appeal from Burleson. Tried below before the Hon. I. B. McFarland. Suit brought by the appellee Morriss, joined by the other appellee, Mrs. Connor, against Thos. F. Hudson and others, to set aside a sheriff’s sale of land, made under a venditioni exponas based on a judgment owned by the appellees.
Read the full summary
Appeal from Burleson. Tried below before the Hon. I. B. McFarland. Suit brought by the appellee Morriss, joined by the other appellee, Mrs. Connor, against Thos. F. Hudson and others, to set aside a sheriff’s sale of land, made under a venditioni exponas based on a judgment owned by the appellees. The ground on which the appellees sought to set aside the sale was that, without any fault on their part, and owing to circumstances beyond their control, the land was sold for a grossly inadequate price. The appellants Kauffman & Bunge, who had bought out Hudson’s interest pending the suit,…
1Opinion of the Court
Willie, Chief Justice.
Mere inadequacy of price is not in itself sufficient to warrant the interference of equity for the pur*122pose of setting aside a sheriff’s sale of property made to a bona fide purchaser. 1 Story’s Eq., § 245; Rorer on Jud. Sales, § 854.
“ But if in addition to such inadequacy there be any appearance of unfairness or any circumstance, accident or occurrence in relation to the sale of a character tending to cause such inadequacy, then the sale will be set aside.” Rorer on Jud. Sales, § 398.
When the disproportion between the value of the property and the price for which it sold…
2Cases cited8 opinions
- Chamblee v. TarboxTexas Supreme Court · 1863
- Allen v. StephanusTexas Supreme Court · 1857
- Johnson v. CrawlTexas Supreme Court · 1881
- Taul v. WrightTexas Supreme Court · 1876
- Cohen v. WagnerCourt of Appeals of Maryland · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Apex Financial Corp. v. Brown, Texas Court of Appeals, 6th District (Texarkana)1999
- Prudential Corporation v. BazamanCourt of Appeals of Texas · 1974
- Foote v. Kansas City Life Ins.Court of Appeals for the Fifth Circuit · 1937
- Snouffer v. HeisigCourt of Appeals of Texas · 1910
- Looney v. ElliottCourt of Appeals of Texas · 1932
3 more not listed; retrieve them via the Exa API.