Kauffman & Runge v. Morriss

Citations

• 60 Tex. 119
• 1883 Tex. LEXIS 276

Syllabus

<p>1. Fraud — Inadequate consideration.— While mere inadequacy o£ price will not of itself warrant the setting aside of a sheriff’s sale, yet if, in addition thereto, there be the appearance of unfairness, or any circumstance, accident or occurrente in relation to the sale of a character tending to cause such inadequate price, the sale will be set aside; and when the disproportion between the price and the real value of the property is enormous, but slight circumstances will justify the inference that the sale was fraudulent.</p> <p>2. Same.— If, in such a case, there were circumstances connected with the sale which may have operated to prevent the property from bringing a higher price, even though such circumstances were unknown to the purchaser, the sale will be deemed fraudulent in law.</p> <p>S. Same.— The greater the inadequacy of price, the slighter need be the circumstances of fraud, accident or mistake that will disturb the sale.</p> <p>4. Fact case.— See statement of case and opinion for facts under which the supreme court affirmed a judgment setting aside for fraud a sheriff’s sale of a tract of land which was worth twelve times the amount bid.</p>