Colonial & United States Mortgage Co. v. Sweet
Supreme Court of Arkansas
Appeal from Sfc. Francis Circuit Court in Chancery. Hance N. Hutton, Judge. Chancery court has power to, and should, on application made before confirmation of a commissioner’s or master’s sale, reopen the bidding and let in a bid which is in advance of that of the purchaser at such commissioner’s sale. 3 Daniell’s Ch. Pract. 1284 (3d Am. Ed.); 6 Heisk. (Tenn.) 539; 6 Lea, 190; 3 Tenn. Ch. 728, 268, 344, 237; 1 Tenn. Ch. 51; 3 Tenn.
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Appeal from Sfc. Francis Circuit Court in Chancery. Hance N. Hutton, Judge. Chancery court has power to, and should, on application made before confirmation of a commissioner’s or master’s sale, reopen the bidding and let in a bid which is in advance of that of the purchaser at such commissioner’s sale. 3 Daniell’s Ch. Pract. 1284 (3d Am. Ed.); 6 Heisk. (Tenn.) 539; 6 Lea, 190; 3 Tenn. Ch. 728, 268, 344, 237; 1 Tenn. Ch. 51; 3 Tenn. Ch. 228. Those courts which hold that mere advance of bid is not sufficient to authorize reopening of bids, hold that the slightest circumstance of mistake,…
1Opinion of the CourtBattle, J.
The Colonial & United States Mortgage Company instituted an action against S. E. Sweet, in the St. Francis circuit court, to recover a sum of money due it on certain promissory notes, and to foreclose a mortgage executed to secure the payment of the same. It recovered a judgment against Sweet on the notes for $3,981.67, and a decree appointing a commissioner and ordering him to sell the lands described in the mortgage and thereby conveyed as a security, and that the sale be made for the purpose of paying the judgment. The commissioner, in pursuance of the terms of the decree, advertised the…
2Cases cited7 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- American Insurance v. OakleyNew York Court of Chancery · 1841
- Duncan v. DoddNew York Court of Chancery · 1830
- Click v. BurrisTennessee Supreme Court · 1871
- Adams v. HaskellWisconsin Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
- George v. NorwoodSupreme Court of Arkansas · 1905
- Fleming v. Southland Life InsuranceSupreme Court of Arkansas · 1978
- Free v. HarrisSupreme Court of Arkansas · 1930
- Smith v. SpillmanSupreme Court of Arkansas · 1918
7 more not listed; retrieve them via the Exa API.