Tevis v. Ireland

Court of Appeals of Kentucky

Tevis v. Ireland

3 Ky. Op. 151, 1869 Ky. LEXIS 320

DecidedJuly 5, 1869

StatusPublished

This text of 3 Ky. Op. 151 (Tevis v. Ireland) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tevis v. Ireland, 3 Ky. Op. 151, 1869 Ky. LEXIS 320 (Ky. Ct. App. 1869).

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Opinion

Opinion of the Court by

Judge Williams:

The advance bid offered was secured by good security and was therefore reliable, and being for over twenty per cent, advance on the original, the chancellor did not abuse a sound discretion [152]*152in rejection the first bid and opening the offering. The highest bidder at a decretal sale does not become the purchaser until his offer is confirmed by the chancellor, but until then he stands as a mere prof erred bidder. Still- the power to open the biddings is not an absolute arbitrary one, but to be exercised for reasonable cause and to forward justice. The policy of sustaining judicial sales, unless for good cause these be set aside, is equally for the benefit of both parties for a reasonable assurance that the purchase will be confirmed is calculated to invite such competitors as may desire to buy.

Lindseys, Harlan, for appellant. Craddock, for appellee.

Wherefore the judgment is affirmed.

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Opinion of the Court by

Judge Williams:

The advance bid offered was secured by good security and was therefore reliable, and being for over twenty per cent, advance on the original, the chancellor did not abuse a sound discretion [152]*152in rejection the first bid and opening the offering. The highest bidder at a decretal sale does not become the purchaser until his offer is confirmed by the chancellor, but until then he stands as a mere prof erred bidder. Still- the power to open the biddings is not an absolute arbitrary one, but to be exercised for reasonable cause and to forward justice. The policy of sustaining judicial sales, unless for good cause these be set aside, is equally for the benefit of both parties for a reasonable assurance that the purchase will be confirmed is calculated to invite such competitors as may desire to buy.

Lindseys, Harlan, for appellant. Craddock, for appellee.

Wherefore the judgment is affirmed.

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Bluebook (online)

3 Ky. Op. 151, 1869 Ky. LEXIS 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tevis-v-ireland-kyctapp-1869.