¶1who heard the petition, at Marion, February Term, 1833, held, that the purchase “could neither be set aside nor confirmed, without knowledge of the will of other persons interested, who are not parties to this proceeding.” That “according to decided cases, a trustee to sell cannot purchase, whether he is partly interested or not. If he purchases, the sale will be set aside, or he will be held to the purchase, as of course, at the option of the parties interested; and as the rule forbidding such purchases, is one of policy to prevent fraud, when there is no possibility of proving it, the inquiry is never made, whether *242tbe sale is or is not advantageous. ” He therefore dismissed the petition, and the petitioner moved this Court to reverse his decision, and to confirm the sale.
10 S.C. Eq. 352
Ex parte Wiggins
Court of Appeals of South Carolina
Decided December 15, 1833
Court of Appeals of South Carolina · decided 1833-12-15
A bill having been filed by the assignees of Baker Wiggins, against his heirs and creditors to marshal Ms assets, the Court ordered a sale of his real estate by the Commissioner, under the superintendence of the assignees, who were directed to join in the conveyance to the purchaser. At this sale R. B. Wiggins, one of the assignees, became the purchaser of the whole estate, and afterwards filed this ^petition to confirm the sale.
Decided 1833-12-15