Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-06-14
SUPREME COURT DECISIONS.
May Term at Jackson Condensed for
the Bar, by n. q. King. Esq.

May Term at Observation-Disclosures for
the Bar, by III. &. King, Esq.
Banks rs. Walker. From Memphis Chancery.
Held: /. That where there has been a
final decree in a cause setting the equities
Of the partiessto a tract Of land, it is not
competent in a separate, subsequent chan
Gerry providing for partition and correction
of boundary of the same land, for any party
to the original suit TO set up, rely upon, or
have corrected any errors Of law in the
original decree. The remedy in such case
is by appeal, writ of error, or bill of re-
view. , Where the rights of all the par
ties are fully declared and settled, and
nothing remains TO be done but TO execute
the decree, although there is no decree for
costs, on the authority of Gill u.s. Greed,
Mss. september term, 1866, at Knoxville;
Whiting Is. Bank of the United States, l3
Peters, Is Targay IS. Conrad, Howard,
204 and with view to prevent irrepara-
bic injury, in accordance with the spirit of
the code, allowing appeals in certain cases.
Such decree is declared to be final from
which an appeal OF writ Of error will lie.
supreme Court, Jackson, June 9Th, 1857. Moore
-. Watson. From Memphis chaneery.
Under an order by consent, sale was
made of the steamboat Bostona. At the
sale, when the biddings had advanced to
the sum Of $500, the last bid being by
Watson, owner of the boat, the sale was
stopped by the attorney Of the plaintiff,
and the fact reported TO the court. There
after, the Chancellor in vacation made an
order for sale of said boat Under the
said order the master in chanoery sold the
boat and the same was struck of TO Dan.
Able and Michael Pyne at the bid of $500.
The purchasers complied with the terms of
sale, and in few DAYS afterwards advanced
their bid 10 $3.50, which was reported 20
the court, and the sale was confirmed by
the court. During the term at which the
sale was confirmed, Watson filed his petit
ton TO set aside the sale % Able and Pyne.
and 10 have the benefits Of his first bid, and
the boat decreed to him. Held /. The
rule is that after confirmation, the pur-
chaser Is entitled to a conveyance Of the
property sold and no advance Of the price
bid however large, without more. is
sufficient 80 justify the Chancellor in
setting aside the sale or opening the
bidding. ,. But while this rule OBJ
tains in cases where the advance on
the bid is the only ground of relief re-
lied on, IL Is not applicable 70 cases ia
which accident mistake or fraud intervene.
They render void, or al least voidable the
sale; aud whenever they appear, and es-
pecially il the purchaser is in any way
connected with them, Il court of equity will
not hesitate to set aside the continuation,
and open the hiddings. s. Where the sale
has been confirmed, the purchase money
paid and the term Of court has closed, the
proceeding 10 SET aside the sale must be by
original bill. In ihis case the purchase
money had not been paid, nor had the
couSi which confirmed the sale to Able and
Pyne adjourned. And, although there Is
no reason 20 believe any actual fraud was
intended by the attorney in stopping the
hrsi sale, bot in the absence Of a satistacto,
~ neoson Cor il, and especially when u As
coupled with the fact that the attorney Of
the plaintiff was also the attorney of Pyne,
one Of the purchasers, this court is forced
10 hold thst The effect Of his action, how
ever well intended, operated as 3 fFaad
and injury upon the owners VI the boat,
and fully iasti6ed the order Of The chancel-
Tor in setting aside The conhrmation 30 Able
and Pyne, aad opening the hidlings, And,
the chancellor having alioE,d the bad Of
Watson 20 be received as an advanced bid
the decree IL affirmed