Avon-by-the-Sea Land & Improvement Co. v. Finn
Supreme Court of New Jersey
On appeal from an order advised by Vice-Chancellor Emory, who delivered the following opinion : The situation of the property in this case was such that a sale in parcels would seem to have been the proper method of sale, or at least that this method, should have been first adopted, in order to see whether the amount Of complainant’s decree would have been raised without selling the entire property.
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On appeal from an order advised by Vice-Chancellor Emory, who delivered the following opinion : The situation of the property in this case was such that a sale in parcels would seem to have been the proper method of sale, or at least that this method, should have been first adopted, in order to see whether the amount Of complainant’s decree would have been raised without selling the entire property. That it should have been sold in parcels seems to have been the judgment óf the sheriff himself at the time of sále, and he did not put the premises up for sale in parcels by reason of the demands…
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
This appeal involves the sequel to the order affirmed on the opinion last read. The appellant, by petition, sought affirmatively to have the sale set aside. The order made seems to us entirely equitable. The uniform practice of courts of equity in this country, when a resale of property is ordered because of supposed sacrifice of value, is to impose terms to, at least, secure against loss the holder of the decree; frequently to guarantee a substantial increase of bid at the new sale. Sound policy re*812quires that bidding at judicial sales…
2Cases cited1 opinion
- Simson v. KlipsteinNew Jersey Court of Chancery · 1917
3Cited by1 opinion
- Harvison v. GriffinNorth Dakota Supreme Court · 1915