National Bank of the Metropolis v. Sprague
Supreme Court of New Jersey
This was a motion to dismiss an appeal from an order of the Chancellor refusing to set aside the sale made by the master, of land and personal property, under the execution and order in the cause. The order was upon an application of the appellants, who were the complainants in chancery. The motion to dismiss was on the ground that the order appealed from was on a matter of practice and within the discretion of the Chancellor.
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This was a motion to dismiss an appeal from an order of the Chancellor refusing to set aside the sale made by the master, of land and personal property, under the execution and order in the cause. The order was upon an application of the appellants, who were the complainants in chancery. The motion to dismiss was on the ground that the order appealed from was on a matter of practice and within the discretion of the Chancellor. The motion was first made on the first day of the term, without notice of it to the appellants. It was opposed by the appellants, -on the ground that notice was…
1Opinion of the Court
*459The opinion of the court was delivered by
The Chancellor.
The complainant in this case applied to the Chancellor to set aside the sale of the real and personal property made by the master. An order was granted on Kirkpatrick, the purchaser, to show cause why the sale should not be set aside. The grounds alleged were, that the master had refused the bids of proper persons at the sale; that he made requirements of some bidders not exacted of others; that he put up for sale and sold in one parcel the entire furniture of a hotel worth $50,000; that he sold it without exhibiting it to purchasers,…
2Cases cited6 opinions
- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
- Tripp v. CookNew York Supreme Court · 1841
- Fisher v. New-York Common PleasNew York Supreme Court · 1836
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Requa v. ReaNew York Court of Chancery · 1831
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fidelity Union Trust Co. v. PetchenskyNew Jersey Court of Chancery · 1936