Hopton v. Swan

Citations

• 50 Miss. 545

Syllabus

<p>1. Practice — Process — Officers — Power of Court over Them. — The general rule is, that it is inherent power in a court to control its process and officers. When justice demands, it may quash the process or set aside a sale for fraud, made by its officer under a legal process. Nilson v. Brown, 23 Mo., 19. But this power is limited to the return term of the writ. After that the remedy is in equity.</p> <p>2. Same — Same—Proper Grounds for Court of Law to Set Aside a Sale.— Any irregularity of the officer making the sale, or of the plaintiff, or of either party, whereby competition was prevented at the sale, or gross inadequacy of price in connection with other circumstances, will be grounds for setting aside the sale. Borer on Jud. Sales, § 855.</p> <p>3. Same — Same — How Sales Set Aside by a Court of Law.— The party injured can have relief by a summary application to the court under whose authority the officer acts, or through the medium of a court of equity. A motion, to the court from which the process issued, to quash the execution and set aside the sale to the plaintiff, will be sustained in proper cases. Upon the hearing of such motions the court can admit evidence, or if demanded, a jury trial may he had; if not the party will be considered as having waived it.</p>