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BARNUM VS. RABORG. 521 On the 17th of April, 1848, the trustee filed hi& bond, which on the same day was duly approved. And on the 9th ofMay, following, he filed his report of sale, in which he states, that having given notice as required by the decree, by advertise- ments in the Baltimore Patriot and American, two of the daily newspapers of Baltimore, three times a week for more than three successive weeks before the day of sale, he did, pursu- ant to said notice, attend upon the premises, on Monday the 8th of May, 1848: and then and there proceeded to sell said real estate, and sold the same to Zenos Barnum, he being then and there the highest bidder therefor, at and for the sum of $6,600 cash, according to the terms of the decree. And that said Barnum at the time of said sale, paid to the trustee the said sum of $6,600, which he is now ready to bring into this court when required so to do, &c. Upon this report the Chancellor, (Johnson,) on the same day, passed an order that said sale be ratified, unless cause be shown to the contrary, on or before the 10th of July, then next, provided, a copy of the order be published as usual. On the 8th of July, 1848, the defendants filed a petition, objecting to the ratification of the sale, and assigned the follow- ing reasons for setting it aside: 1st. Because the trustee at the time of the sale and when on the premises, and without any previous notice to that effect, notified the persons present, that no bid for said property would be received from any one who was not prepared to pay the cash to the amount bid before leaving the premises; which notice had the effect of chilling the biddings for said property, and restrained persons present, who were disposed to become purchasers, from bidding for the same, aad thereby lessened the sum for which said property would otherwise have sold. 2nd. Because by reason of said notice, Lewis Cassard and George Cassard, who were present at said sale, with a view to purchase said property, and who would have advanced upon the price at which the same was struck off, were restrained from bidding for the same to the full amount, to which they would otherwise have gone. 3rd. Be- cause whilst, by the notice aforesaid, said Caasards, as well as 45* |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 2, Page 521 View pdf image (33K) |
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