Lawyers' Co-operative Publishing Co. v. Bennett

Citations

• 34 Fla. 302

Syllabus

<p>J. An agreement between parties to a suit in chancery, “to submit tile case to the court on the bill and answer and affidavits attached herewith,” construed to be an agreement to consider the affidavits mentioned as evidence in the case.</p> <p>13. A plaintiff in an execution at law has a right to control the same, and direct what proceeding shall or shall not be taken thereunder, and the wishes and instructions of such plaintiff when made known to the officer holding the writ should at all times he respected and obeyed.</p> <p>' 3. Fifteen dollars is a grossly inadequate price, at a public judicial sale, for land worth three hundred and fifty to four hundred dollars.</p> <p>4. The general rule is that mere inadequacy of price alone is not sufficient to set aside a judicial sale, where such inadequacy is connected with or shown to result from any mistake, accident, surprise, misconduct, fraud or irregularity, the sale will generally be set aside.</p> <p>5. Where a plaintiff in execution instructed a sheriff to postpone the sale of land levied upon for several months, which instructions the sheriff neglected to communicate to his deputy, and the deputy, during the absence of the sheriff from the State, before the expiration of the postponement, without the knowledge or further instruction of the iilaintiff, sold said land at public sale for a grossly inadequate price, such sale should be set aside on a bill filed for that purpose.</p> <p>(i. Til's court will not consider an alleged ruling of the court below which does not appear in the transcript of the record, and is not alleged to appear of record below, upon an agreement of counsel that such a ruling was made.</p> <p>7. In this case where neither the complainant nor the purchasing-defendant are in any way at fault, but the litigation has arisen solely on account of the negligence of the sheriff, who is also a party defendant to the bill of complaint, such sheriff should be taxed with all the costs of court.</p>