Heyer v. Deaves
New York Court of Chancery
WOODWARD, for the defendant, moved to set aside a sale of the mortgaged premises made under a decree of this Court, as being unduly conducted, and made in the absence of a master.
1Opinion of the Court
The Chancellor.
[ * 155 ]
The master, being sick, did not attend the sale, but deputed a competent agent, who attended and sold the land. The objections to the fairness and regularity of the sale are denied and completely removed, except the objection that the sale was not made by a master who was present. The statute says, (Laws, sess. 36. ch. 95. sec. 11.) “that all sales of mortgaged premises, under a decree, shall be made by a master; ” and I do not think it proper to allow such a trust as this to be the subject of a special deputation. It appears, by one of the affidavits, that the master…
2Cited by5 opinions
- Smith v. BlackSupreme Court of the United States · 1885
- Eastern Bridge & Structural Co. v. Worcester Auditorium Co.Massachusetts Supreme Judicial Court · 1914
- Connolly v. BeltU.S. Circuit Court for the District of District of Columbia · 1838
- Meyer v. BishopNew Jersey Court of Chancery · 1876
- Smith v. BlackSupreme Court of the United States · 1885