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· 4/8/1907

Ballentyne v. Smith

Citations

  • 205 U.S. 285
  • 27 S. Ct. 527
  • 51 L. Ed. 803
  • 1907 U.S. LEXIS 1396

Syllabus

<p>.The old English rule that in chancery sales, until confirmation of the master’s report the bidding would be opened upon a mere oljfer to advance the price ten per cent has been rejected, and a sale will not be set aside for inadequacy of price unless so great as to shock the conscience or where there are additional circumstances against its fairness; and each case stands upon its own facts.</p> <p>While the confidence in the stability of judicial sales should not be disturbed, a sale under foreclosure of valuable property, worth at least seven times the amount of the bid, should not be confirmed in the face of an adverse report by the master and the trial court.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • Supreme Court “disinclined to any action which will impair confidence in the stability of judicial sales First Nat. Bank v. M/V Lightning Power, 776 F.2d 1258, 1261 (5th Cir.1985
  • 14% of fair market value

Source: CourtListener parenthetical corpus (CC0).

Judges: Brewer

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