Swofford v. Garmon

Citations

• 51 Miss. 348

Syllabus

<p>1. Chancery Court : Pa/rtition of lands. Sale for distribution. Bond of commissioner’ to sell.</p> <p>The clerk of the chancery court is ex oficio master or commissioner of the court. He may execute decree without giving special bond in a particular case, unless he is specially required by the court. His bond as clerk would protect all moneys received by him under the orders or decrees of the court, and any misapplication of the same, would be a breach of his bond.</p> <p>2. Same : Same : (Confirmation of sale. Inadequacy of price. Praud.</p> <p>Mere inadequacy of price is not sufficient to set aside a sale, if made in conformity to the decree of the court unless the inadequacy be so gross as to suggest fraud. Where lands are sold by a commissioner and a portion of the distributees combine and agree not to bid against each other, and they prevent competition at [the sale, by promising to divide their purchase with other bidders, if they will not bid, and thereby prevent bidding, and become the purchasers of the land, at a price.far below its value, are sufficient grounds to justify the chancery court in refusing to confirm the sale.</p> <p>3. Same : Sec. 18, ant. XII, constitution.</p> <p>Sales of lands under decrees in any quantities less than 160 acres are not in conflict with sec. 18 of art. XII of the constitution.</p>