Graffam v. Burgess

Citations

• 117 U.S. 180
• 6 S. Ct. 686
• 29 L. Ed. 839
• 1886 U.S. LEXIS 1823

Syllabus

<p>•A judicial sale of real estate will not be set aside for inadequacy of price, unless the inadequacy be so great as to shock the conscience, or unless there be additional circumstances against its fairness.</p> <p>Great inadequacy of price at a judicial sale of i-eal estate requires only slight circumstances of unfairness in the conduct of the party benefited by the sale, to raise a presumption of fraud.</p> <p>If the inadequacy of price paid for the purchase of real estate at a sale on an execution he so gross as to shock the conscience, or if in addition to gross inadequacy the purchaser has been guilty of- unfairness or has taken any undue advantage, or if the owner .of the property or the party interested in it has been for any other reason misled or surprised, then the sale 'will be regarded as fraudulent and void, and the party injured will be permitted to redeem the property sold.</p> <p>Looking at the whole facts in this ease the icourt finds traces of design on the part of plaintifE in error to mislead defendant in error, to lull her into security, and thus prevent her from redeeming her property sold on execution within the period allowed by the Statute of the State; and the court sustains the action of ,the court below in making a deeree allowing redemption of the same after the expiration of that period.</p> <p>After hearing of the proofs, a bill in equity may he amended so as to put in issue matters in dispute and in proof, but nob sufficiently put in issue by the original bill.</p>