Mitchell v. Mason

Citations

• 75 Fla. 679

Syllabus

<p>1. A Court of Chancery has jurisdiction t’o hear and determine a motion to vacate a sale of property made under the court’s order of foreclosure after confirmation of sale.</p> <p>2. In such cas© the Chancellor has a targe discretion which will be interfered with by an appellate court only in a clear case of injustice and when it clearly appears that his decision was erroneous.</p> <p>3. Upon a motion to vacate a sale of property made long after the confirmation of the sale and upon the ground of inadequacy of price realized at the sale as a result 'of ministerial, errors; the interest of the movant, the circumstances constituting the alleged irregularity, the inadequacy of price and thé existence of persons who at the'time of the sal© were ready, willing and able to purchase the property at a higher price.than that for which it sold should be established by proof of a high degree of clearness and certainty.</p>