Legal Opinion

In re Third National Bank

District Court, N.D. Illinois

Decided November 7, 1880PublishedCited by 13 opinions

In Liquidation. Motion by tbe receiver to set aside sale.

1Opinion of the CourtDrummoud, C. J.

If we admit that it is competent for the court to set aside a sale for mere inadequacy of price — a point by no means free from difficulty- — -the question is whether, under the facts in this case, it is proper for the ■'•ourt to set it aside.

This sale, being made under the authority of an act of congress which directs the sale to be made under the order of a court, upon such terms as the court may direct, I think it must be considered to all intents and purposes as a judicial sale. Section 5234, Rev. St. U. S. Then are there any facts in this case which would warrant the court in setting…

2Cited by13 opinions

  1. Morrison v. BurnetteCourt of Appeals for the Eighth Circuit · 1907
  2. Tourtelot v. BookerCourt of Appeals of Texas · 1913
  3. Ward v. Oklahoma State Bank of AtokaSupreme Court of Oklahoma · 1915
  4. Chapman v. Guaranty State BankCourt of Appeals of Texas · 1924
  5. Clifton City Bank v. CommissionerUnited States Board of Tax Appeals · 1927

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