Dale v. Shirley

Daub having, for two years after the entry of the-mandate of this Court, failed to-pay the money in Court as he was allowed by the said mandate to- do, we are of opinion that the Court was not bound, on his offer of the money at so late a period and without explanation, to allow him to pay it with the effect of entitling himself to a quashal of the previous sale and to the benefit of the elder mortgage of Shirley: See Dale vs Shirley, (5 B. Monroe, 492.) As the decree confirming the sale was reversed,and the sale, therefore, stood unconfirmed, the Chancellor might still have had a- discretion…