Requa v. Rea
New York Court of Chancery
This was an application on the part of the complainant to set aside a master’s sale of the mortgaged premises, on a decree of foreclosure. The premises are situate in the county of Cataraugus, and the amount due on the mortgage was about $2300, exclusive of costs.
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This was an application on the part of the complainant to set aside a master’s sale of the mortgaged premises, on a decree of foreclosure. The premises are situate in the county of Cataraugus, and the amount due on the mortgage was about $2300, exclusive of costs. The complainant and his solicitor residing at Albany, the decree was sent to the nearest master, who resided in an adjoining county, with particular instructions to him not to let the premises be struck «if to any one, other than the complainant, for a less sum than $2600. The master supposing it necessary that some, third person…
1Opinion of the Court
The Chancellor.
It is perfectly " evident it this case that the property has been sold much below its value, in consequence of the master’s violating his instructions through ignorance or a misapprehension of his duties. Although the purchasers deny that they hired Davis not to bid, it is impossible to resist the conclusion that by the device or trick of some one the property was sold much below its value. If the sale is permitted to stand, the complainant will be defrauded of more than $1000 ; as he was willing to give for the property the full amount of the debt and costs, and the mortgagor…
2Cited by43 opinions
- Deputron v. YoungSupreme Court of the United States · 1890
- Camden v. MayhewSupreme Court of the United States · 1889
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Boggs v. Fowler & HargraveCalifornia Supreme Court · 1860
- Semmes v. United StatesSupreme Court of the United States · 1875
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