Cowen v. S. Stevens & Co.

Superior Court of Delaware

Cowen v. S. Stevens & Co.

3 Del. 494

DecidedJuly 5, 1842

StatusPublished

This text of 3 Del. 494 (Cowen v. S. Stevens & Co.) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cowen v. S. Stevens & Co., 3 Del. 494 (Del. Ct. App. 1842).

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Opinion

By the Court:

Layton, Justice.

Mere inadequacy of price is no ground for setting aside a sale, if conducted properly. But connected with other circumstances, the court cannot overlook the fact, when it exists, that the property has been sacrificed. It appears that the day of this [sale was rainy and inclement; that few persons, at least few bidders, were present; three persons have sworn that they were prevented from attending the sale by stress of weather; and that they would pave been bidders, and would give more for the property than it brought; that the property, which brought $1,190, is worth $2,200. ft additionally appears, that the sum for which the land sold, will hot satisfy the prior judgment of Mrs. Sewall, and of course pay nothing to the plaintiff in this execution; but if sold for what the testimony proves it to be worth, it would satisfy both. Mrs. Sewall and Ihe defendants are desirous of a new sale; but the plaintiff, having Ither security for his debt, is willing that this sale should be confirmed.

I We think, upon the whole case, that the sale should be set aside.

Sale set aside,

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By the Court:

Layton, Justice.

Mere inadequacy of price is no ground for setting aside a sale, if conducted properly. But connected with other circumstances, the court cannot overlook the fact, when it exists, that the property has been sacrificed. It appears that the day of this [sale was rainy and inclement; that few persons, at least few bidders, were present; three persons have sworn that they were prevented from attending the sale by stress of weather; and that they would pave been bidders, and would give more for the property than it brought; that the property, which brought $1,190, is worth $2,200. ft additionally appears, that the sum for which the land sold, will hot satisfy the prior judgment of Mrs. Sewall, and of course pay nothing to the plaintiff in this execution; but if sold for what the testimony proves it to be worth, it would satisfy both. Mrs. Sewall and Ihe defendants are desirous of a new sale; but the plaintiff, having Ither security for his debt, is willing that this sale should be confirmed.

I We think, upon the whole case, that the sale should be set aside.

Sale set aside,

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3 Del. 494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowen-v-s-stevens-co-delsuperct-1842.