The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-03-29

JUDD CD, WHITING, j., CIRCUIT JUDGE STANLEY
FREAR, j., ABSENT
admiralty
ordered be confirmed before the
right to heard the
judicial sale if
is of to
conscience of the
OPINION OF THE COURT BY JUDD CD SSS'Ss"-@
The steamship City of Columbia sold auction by the
marshal under order of sale of the satisfy claim
for wages by the officers and amounting $14OO The
last and best bid for her 500 by Henry L. Evans
and the vessel knocked down him. Before the marshal
made the beans against the confirmation of
the sale, saying that the successful bid grossly inadequate
and that the vessels value is much Various adavts
presented showing that parties willing upon
resale to make opening bids of $4,000 respectively The
Circuit Judge declined confirm the sale and ordered
sale His jurisdiction do contested by the successful
bidder claiming that the sale good passed the title
the purchaser without confirmation We think this
is unsound 1t judicial sale and required confirmation
not only regards the question of expenses and and
distribution of the assets but whether the sale fair and
properly conducted Upon confirmation judicial sale in ad
mralty is subject such objections might be made it
if it in equity Without quoting much from the authori-
ties take the law laid down by e. s. District Judge
Brown in "The New Hampshire" Fed. Cases, No. 1O16O.
The judge ow justice of the Supreme of the United
Saes says The practice of of chancey and admiralty
requires that the sale be confirmed before the purchaser has
right the property Confirmation said be the judicial
sanction of the Until then the bargain Incomplete
We make question that successful bidder such sales
should be heard in the matter of the confirmation thereof
though to be made party" in the original
The action of the judge in ordering resale appealed
this Court The of the sale Evans would
the arhal and costs incurred in the of
vessel and of would realize nothing to the beans
who and wards of the and therefore
anxious the closely in order afford them
some relief possible There but little doubt that the gen
eral rule governing the confirmation of judicial sale that the
SALE regular will be confirmed unless the price obtained Is
grossly inadequate the value of the property sold
shock the of the and be pesmpve evidence
of fraud find that there rreguarity in the sale
and the only ground upon which the sale is attacked is that of
gross nadequacy Upon the evidence satisfied that the
expense of repairing the vessel to make her seaworhy
capable being insured would be great afford
reasonable expectation that purchaser in the Honolulu
ket would undertake the enterprise The official board of
vey agrees that the repairs the hull and other ncdena
order fit her for from Honolulu to San Francisco
merely would in the neighborhood of $4,000 and that
then further repairs and general overhaulng would be
CURED They found the port waterway broken right
amdshps indications of very aning in the engine
room and leak in the vicinity of the sleeve the sleeve
itself the making while port II inches of per
She hogged the port side which indicates structural
and possibly injury her keel which only be
asceraned upon dydokng The report specifies the necessity
of other repairs On her last intended voyage from Honolulu
Seattle she obliged put back and arrived at the
of Hio November 1885, disabled and badly leaking. An
official survey ordered by the Q. s. Consular gent at Ho
and the board found the condition of the vessel seaworhy
and unfit To without repairs being practically
broken backed and in their opinion the
of repairing and getting her ready for in port where
facilities good would than the repaired