Wells v. Lenox
Supreme Court of Arkansas
Appeal from Desha Chancery Court; Zachariah T. Wood, Chancellor; In the absence of fraud and unfairness, mere inadequacy of price, however gross, does not invalidate a judicial sale. 20 Ark. 381; 44 Id. 502; 47 Id. 86; 52 Id. 316; 56 Id. 240; 65 Id. 152; 66 Id. 490; 74 Id. 324; 77 Id. 216. There is no proof of accident or mistake. The property was sold for a grossly inadequate price.
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Appeal from Desha Chancery Court; Zachariah T. Wood, Chancellor; In the absence of fraud and unfairness, mere inadequacy of price, however gross, does not invalidate a judicial sale. 20 Ark. 381; 44 Id. 502; 47 Id. 86; 52 Id. 316; 56 Id. 240; 65 Id. 152; 66 Id. 490; 74 Id. 324; 77 Id. 216. There is no proof of accident or mistake. The property was sold for a grossly inadequate price. Where there is any unfairness, mistake or misunderstanding about a sale, to the prejudice of the rights of the owners the sale will be set aside! 20 Ark. 381; 44 Id. 502; 47 Id. 86; 52 Id. 316; 56 Id. 240; 65 Id.…
1Opinion of the CourtKirby, J.
On March 24, 1911, Sledge & Norfleet Company brought suit for the balance due upon a promissory note of S. H. and Addie A. Lenox and to foreclose a mortgage given to secure the payment thereof. At the October term, 1911, a decree was rendered in their favor for $1,844.25, and the property conveyed by the trust deed ordered sold and a commissioner appointed for that purpose. The commissioner advertised the sale for January 22,1912, and on that day sold the real estate for $3,850 to M. Wolchanski, who waived the right to credit and paid the amount of his bid in cash and received from the…
2Cases cited8 opinions
- Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
- George v. NorwoodSupreme Court of Arkansas · 1905
- Brittin v. HandySupreme Court of Arkansas · 1859
- Wells v. RiceSupreme Court of Arkansas · 1879
- Colonial & United States Mortgage Co. v. SweetSupreme Court of Arkansas · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Weir v. United StatesCourt of Appeals for the Eighth Circuit · 1964
- Lemere v. WhiteNebraska Supreme Court · 1932
- Summars v. WilsonSupreme Court of Arkansas · 1943
- Stevenson v. GaultSupreme Court of Arkansas · 1917
- Weir v. United StatesCourt of Appeals for the Eighth Circuit · 1965
8 more not listed; retrieve them via the Exa API.