McGown v. Sandford
New York Court of Chancery
This was an appeal 'by the complainant from an order of the vice chancellor of the first circuit postponing the sale of mortgaged premises, under a decree of foreclosure, from the 24th of June, 1841, to the first of January, 1842. The bill was filed to foreclose a mortgage for $26,000, given by the defendant Hall to E. Sandford, payable in July, 1838, and assigned by the latter to the complainant.
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This was an appeal 'by the complainant from an order of the vice chancellor of the first circuit postponing the sale of mortgaged premises, under a decree of foreclosure, from the 24th of June, 1841, to the first of January, 1842. The bill was filed to foreclose a mortgage for $26,000, given by the defendant Hall to E. Sandford, payable in July, 1838, and assigned by the latter to the complainant. The proceedings to foreclose were commenced in October, 1839; but some of the defendants who had guaranteed the payment of the debt, having put in answers which required the taking of testimony, the…
1Opinion of the Court
The Chancellor.
It is the duty of the officer entrusted with the sale of property, under a judgment or decree for the payment of a debt, to put it up for sale at such a time and under such circumstances as to make it bring the best price ; without injuring the party entitled to the proceeds of the sale by delaying the payment of his debt. And where a master, in violation of his duty, is proceeding to sell property under a decree in chancery at an improper time, when such sale must necessarily sacrifice the property, as during the raging of a pestilence, or while there is a threatened invasion,…
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