Swymer v. Swymer

The question to be determined is whether or not the court correctly sustained the special demurrer and thereafter dismissed the caveat. It is elementary that a public sale contemplates that the public shall be given the opportunity to engage in competition by competitive bids. It will be noted that under the facts of this case the administrator made application to the Court of Ordinary of Brooks County, (the county in which the land was located) for an order to sell the land in question. He duly obtained such order. Therefore, the land was put up for sale in the regular manner, so far as this…