Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-06-23
DECISIONS OF THE SUPREME COURT.
oFTTcLL.
Decisions OF the Supreme Ceurt Of Ghs
state Of Tennessse, az KnsxvIlie, ssp-
TEMPER Terms fs8O.

decisions OF the supreme ceurt Of ths
state Of Teunessse, az KnexVIIis, ssp-
semDer Terms fs8O.
| JA-E CIV. Coffee "a waiter corruth and OgAe-A
The original bill nths case was brought BIZ cor,-
painants to enforce their equitable lein for unpaid
purefsse money on tract OF land which theyfhad
heretofore sold 70 the defendant, Corruth. jude
ment pro eonfesso was taken acainst she efendsufs
| and decree pronounced ordering the sale Of the
land, on credit of twelve months in bar of the
| right of redemption The Master proceeded IN
der the decree to advertise and on the seth Of July
| 1859, struck of and sold the land to James Ne
Camey and jesse H. Cant, for the sum Of ss7 90
On the I'd Of August following the sale was con
firmed and the title vested in the purchssers On
the goth Of January the eOmpainants fled their
petition sllegng among other things that their debt
is about So SO, and that the defendaat Corrufh is
insolTent and that they desired 10 bid the fun
amount of their debt on the land ard would have
attended the sale. had not their solicitor informed
them, that it would be sold at 6 time when he
could be present and bid il off or otherwise would
get Mr. Alexander the Clerk and Master toput the
amount Of their debt and cost upon i, p and pray
ing that the sale might be set aside and the bddings
opened.
The purchasers are made parties, who appear
and demur. The Chancellor overrules the demurrer,
and grants leave to answer. They do answer and
deny all fraAd and collusion with ony one IN the
purchase of the land and insist their rights ae
qured under the sale. Proof is taken aud It fsiis
70 establish any fraud, or any unfair deang on tne
part Of the purchasers.
The Chancellor under this state Of facts set aside
the sale opened the biddings and directed that the
Master on the resale should receive bid less than
complainants debt and costs, from which the pur>
chasers, McCamey & Cant, appealed to this court
The decree of the Chancellor must be reversed,
and the sale of the 30th of July confirmed.
Before confirmation the biddings will be ope ned
on slight grounds. Advance on the price bid alone
is sufficient. But after the report is confirmed and
the title is vested advance Of price alone is not suf
fcienL There must be something else. Some par
tcular principle arising out Of the character Of the
purchase IS connected with the ownership Of the
estate, or some trust or confidence, miseondret or
fraud on his part. In all such cases it is the duty
Of the Chancellor 10 open the biddinss, even after
confirmation.
But this case does not fall within the rule
The purchasers acted fairly, openly, and without
anypreYieus connectionwith the estate knowledge
Of the amount Of complsinant's debt and however
hard this caae may operate on the eomplainsnts,
we are satisfied that 70 great lRxity IN ibe bind
ing nature of contracts in the Masters Office would
result in greatly depreciating the value Of es-
tate sold upon the mere speculation that there
would be an opportunity Of purchasing them after
wards, by opening the biddings.
The decree must be reversed and decree enter
ed here accordingly. AIIGkS-
A true copy. W. K. CAswzr1s CLERK