Legal Opinion

Wells v. Lenox

Supreme Court of Arkansas

Decided December 9, 1912PublishedCited by 13 opinions

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

  1. Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
  2. George v. NorwoodSupreme Court of Arkansas · 1905
  3. Brittin v. HandySupreme Court of Arkansas · 1859
  4. Wells v. RiceSupreme Court of Arkansas · 1879
  5. Colonial & United States Mortgage Co. v. SweetSupreme Court of Arkansas · 1898

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Weir v. United StatesCourt of Appeals for the Eighth Circuit · 1964
  2. Lemere v. WhiteNebraska Supreme Court · 1932
  3. Summars v. WilsonSupreme Court of Arkansas · 1943
  4. Stevenson v. GaultSupreme Court of Arkansas · 1917
  5. Weir v. United StatesCourt of Appeals for the Eighth Circuit · 1965

8 more not listed; retrieve them via the Exa API.

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