284 HIGH COURT OF CHANCERY.

chase money, which he was ready to .refund if a re-sale was
ordered. A petition was filed by the defendant to set aside the
sale, and the complainant also expressed his willingness that it
should be vacated. This, however, was opposed by the pur-
chaser who alleged the fairness of the proceedings. Some de-
positions were taken in relation to the value of the property, as
well as other matters affecting the merits of the question, by
which it appeared that its value was far beyond what it was sold
for; and the case being argued at this term, the Chancellor,
after stating the case, said :]

THE CHANCELLOR:

The Court of Appeals of this state said, in the case of Glenn,
Trustee of Dorsey vs. Clapp, 11 G. & J., 1, that the court
would not set aside a sale, in all other respects unexceptiona-
ble for inadequacy of price, unless the sum reported by the trus-
tee is so grossly inadequate as to indicate a want of reasonable
judgment and discretion in the trustee: but, where any other
just cause appears, to doubt the propriety of the sale, it is a
consideration very proper to be viewed in connection with it,
that the sale was made at a reduced price.

The Court of Appeals have not said what that degree of in-
adequacy is, which, standing alone, would vitiate the sale;

or, in other words, would demonstrate the want of reasonable
judgment and discretion in the trustee, nor, is it necessary
that I should, in this case, undertake to lay down a rule upon
the subject. It is enough, that inadequacy of price is a con-
sideration which should not be without its influence upon the
mind of the court, when there are other circumstances well cal-
culated to create a doubt of the propriety of the sale. It is
true, as was strongly pressed by the solicitor of the purchaser
in this case, that sales made under judicial authority, should
not be lightly interfered with, and that reasons, founded upon
public policy, require that every fair legal intendment should be
made in their support. But still, the court, which is the vendor,
and undertakes to sell the title of the parties to the suit, is sure-
ly bound to protect them from the consequences of surprise,