Ballentyne v. Smith
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF HAWAII. ■This is an appeal from a judgment of the Supreme Court of the Territory of Hawaii, 17 Hawaii, 96, affirming an order of the third judge of the First Circuit Court in the Territory of Hawaii, which refused to confirm a sale of property made by a commissioner under order of court in a foreclosure suit brought' by William 0. Smith, as trustee, against the Pacific Heights Electric Railway Company, Limited, a Hawaiian…
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF HAWAII. ■This is an appeal from a judgment of the Supreme Court of the Territory of Hawaii, 17 Hawaii, 96, affirming an order of the third judge of the First Circuit Court in the Territory of Hawaii, which refused to confirm a sale of property made by a commissioner under order of court in a foreclosure suit brought' by William 0. Smith, as trustee, against the Pacific Heights Electric Railway Company, Limited, a Hawaiian corporation, and directed that the property be again offered for sale. The suit was brought to foreclose a trust deed of…
1Opinion of the CourtJustice Brewer
The question presented is whether a court of equity may, prior to any order of confirmation, set aside a foreclosure sale of mortgaged property upon the single ground of inadequacy in price; and further, whether, if it has that power, the inadequacy here shown is so gross as to justify such action. It does not appear that there was any fraudulent conduct on the part of the purchaser or any combination to restrict bidding. The sale was duly advertised. It was, so far as disclosed, open and public, and the bid reported was the highest. Nothing in time or place or lack of attendance of buyers is…
2Cases cited3 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Schroeder v. YoungSupreme Court of the United States · 1896
- Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
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- Gelfert v. National City Bank of NYSupreme Court of the United States · 1941
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