Magann v. Segal
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the District of Kentucky. This is an appeal from a decree refusing to confirm the sale of a certain railroad, made by a commissioner acting under the order and direction of the circuit court. The same decree ordered a resale, beginning at a price tendered under an advanced bid made after the original sale had been reported. The appeal is by the original bidder, to whom the sale was made by the commissioner.
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Appeal from the Circuit Court of the United States for the District of Kentucky. This is an appeal from a decree refusing to confirm the sale of a certain railroad, made by a commissioner acting under the order and direction of the circuit court. The same decree ordered a resale, beginning at a price tendered under an advanced bid made after the original sale had been reported. The appeal is by the original bidder, to whom the sale was made by the commissioner. The railroad property in question consisted of 63 miles of completed railroad, extending from Versailles, in Kentucky, to Irvine, in…
1Opinion of the Court
After making the foregoing statement of facts, the opinion of the court was delivered by
BURTON, Circuit Judge.
1. The objection that an appeal will not lie in favor of a purchaser at a master’s sale from a decree-refusing to confirm the sale and reopen the biddings is not well taken. Such a purchaser, though not entitled to be regarded as the owner of the property or to the benefit of his contract till after the master’s report of the biddings .has been confirmed, has nevertheless, by compliance with the terms of the sale, acquired what Chancellor Walworth called “inchoate rights” in the…
2Cases cited12 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
- Blossom v. The Milwaukee, &C., Railroad CompanySupreme Court of the United States · 1864
- Dewey v. LinscottSupreme Court of Kansas · 1878
- Littell v. ZuntzSupreme Court of Alabama · 1841
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3Cited by16 opinions
- Webster v. Barnes Banking Co.Court of Appeals for the Tenth Circuit · 1940
- State Ex Rel. Com'rs of the Land Office v. HarrowerSupreme Court of Oklahoma · 1934
- Electric Boat Co. v. East Hampton Shipping Co.Court of Appeals for the Second Circuit · 1931
- Duncan v. EckSupreme Court of Oklahoma · 1917
- In Re the Liquidation of Spokane Savings BankWashington Supreme Court · 1939
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