Bank of Alexandria v. Taylor
U.S. Circuit Court for the District of District of Columbia
Upon the return of the report of a sale made under a decree of this court, in this cause. heirs at law of the late Thomas Herbert, deceased, moved to' set aside the sale of a house and lot at the corner of Cameron and Fairfax streets in Alexandria, on the ground of a misapprehension at the sale by which persons at the sale were induced not to bid for the property; and offered to sustain the motion by parol viva voce evidence. the purchaser, objected; that it was a novel…
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Upon the return of the report of a sale made under a decree of this court, in this cause. heirs at law of the late Thomas Herbert, deceased, moved to' set aside the sale of a house and lot at the corner of Cameron and Fairfax streets in Alexandria, on the ground of a misapprehension at the sale by which persons at the sale were induced not to bid for the property; and offered to sustain the motion by parol viva voce evidence. the purchaser, objected; that it was a novel motion in this country; and that according to the English practice, the whole purchase money must be brought in and…
1Opinion of the Court
THE COURT (THRUSTON, Circuit Judge, absent)
upon this evidence refused to confirm the sale, and ordered it to be set aside.
2Cited by4 opinions
- Supervisors v. KennicottSupreme Court of the United States · 1877
- Washington Bridge Co. v. StewartSupreme Court of the United States · 1845
- Ware v. JonesCourt of Appeals of Texas · 1923
- Semple v. AndersonIllinois Supreme Court · 1847