Nix v. Draughon

Decided May 21, 1892

Supreme Court of Arkansas · decided 1892-05-21

Draughon and Allen Bros. obtained judgment against Nix foreclosing a mortgage upon two tracts of land situated in the City of Texarkana, given to secure a debt of $1950. A commissioner was appointed to sell the property. After making the sale he filed his report, showing that he had complied with the order of the court and had sold each tract of land, one for $1000 and the other for $800, and that they were bid off by plaintiffs.

Cited by 3 later decisions — most recently October 1951

3 state decisions

Relies on Fry v. Street

Good law ✅— No negative treatment on recordhow we know

Decided 1892-05-21

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Hemingway, J.

¶11. Judicial sale not set aside for i ti - adeqtiacyof price.

¶2The sale was made in accordance with the'decree, and there was no showing' that it was conducted fraudulently or unfairly. The fact that the lands sold for an inadequate price was not sufficient to entitle the defendant to a resale, and the court did not err in refusing to order one. Fry v. Street, 44 Ark. 502; Blackburn v. Selma Ry. 3 Fed. Rep. 689; 2 Dan. Ch. Pr. (4th ed.), 1285.

¶32. Validity of sale of land in a body.

¶4The defendant cannot complain that the three acre tract was sold in a body. The decree condemned it as one tract, and if he wished it to be sold in subdivisions, he should have asked the court to so order or the master to so offer it. He could not remain silent with regard to the matter until the sale was made, and afterward be permitted to insist upon it by way of objection to confirming the sale.

¶5Affirmed.