Merchants Bank & Trust Co. of Winston-Salem v. Watson

On all the evidence, Thomas Maslin, the agent of plaintiff, when he had calculated the entire indebtedness of E. E. Matthews, which was a lien on the property, bid at the sale $4,035, the amount of the indebtedness, and he in good faith thought that he was getting a clear title. If he at the time of the sale had had an understanding and agreement, and it was so announced at the sale by T. W. Watson, trustee, that the highest bidder was to get a clear title, free from encumbrances, and he bid -$4,035 with that understanding and agreement with the defendant Watson, then there would be no doubt…