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Marine Trust Co. v. Davis

Court of Errors and Appeals
May 16, 1932
160 A. 578 (N.J. 1932)

Opinion

Submitted February 12th, 1932.

Decided May 16th, 1932.

Sale by the sheriff of the property is confirmed because the selling price was the best obtainable at the time and is not shown to have been inadequate. Nor is any fraud, accident, mistake or irregularity shown which would render the sale ineffectual.

On appeal from an order of the court of chancery.

Mr. John C. Reed, for the defendants-appellants.

Messrs. Babcock Champion, for the complainant-respondent.

Messrs. Brenner Kresch, for the respondent Lillie A. Kasten.


The order appealed from overruling objections to, and ratifying and confirming the sale by the sheriff is affirmed because it appears that the property was sold for the best price obtainable at the time of sale, which price was not shown to have been grossly inadequate. Further it is not shown that there was any fraud, accident, mistake, or irregularity in the proceedings to render the sale ineffectual.

The decree appealed from is affirmed, with costs.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CAMPBELL, LLOYD, CASE, BODINE, DONGES, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, KERNEY, JJ. 14.

For reversal — None.


Summaries of

Marine Trust Co. v. Davis

Court of Errors and Appeals
May 16, 1932
160 A. 578 (N.J. 1932)
Case details for

Marine Trust Co. v. Davis

Case Details

Full title:MARINE TRUST COMPANY, complainant-respondent, v. LEVI DAVID et al.…

Court:Court of Errors and Appeals

Date published: May 16, 1932

Citations

160 A. 578 (N.J. 1932)
160 A. 578