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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 63   View pdf image (33K)
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HOUSE VS. WALKER. 63
THE CHANCELLOR:
In the year 1849, three decrees were passed for the sale of
certain parcels of real and leasehold estate in the city of Balti-
more, owned by the late Samuel House, or in which he was in-
terested. The sales have been made, and reported by the trus-
tees appointed for that purpose, and Samuel House, Jr., one of
the parties interested, having excepted to their ratification, in
which exceptions other of the parties having concurred, the
question now presented and submitted without argument on
either aide is, whether these sales shall or shall not be ratified ?
There is no pretence ia any part of these proceedings that
the Bales were not regularly and fairly made in conformity with
the decrees, or that there was any the slightest fraud or miscon-
duct on the part of the trustees, or surprise upon the parties
objecting to the sales, or that they were in any way misted as
to the time and place of sale. The objection to the ratification
of these sales rests upon the single allegation that the property
sold for a sum below its value, and all the proof which has been
taken has been directed to this point and none other.
Upon carefully reading this proof, I am by no means satisfied
that any very material inadequacy of price has been shown.
The evidence is undeniably contradictory, and there would be
some difficulty in coming to a satisfactory conclusion upon the
subject, if the duty of collating and weighing the testimony for
the purpose of determining that point were forced upon the
court.
But this is not necessary. It has been over and over decided
in this State, that mere inadequacy of price in a Chancery sale,
unless so gross and inordinate as to furnish evidence of fraud
or misconduct on the part of the trustee, is not sufficient to in-
duce the court to set it aside or refuse its ratification.
This principle was announced in the case of Cohen vs. Wag-
ner, 6 Gill, 97, where property, assumed to be worth $20,000,
sold for but $13,000. And in the case of Johnson vs. Dorsey,
7 Gill, 269, in which the previous authorities were carefully
collected and examined, the principal was carried still further,
the disproportion between the assumed value of the property and
the price bid for it being greater.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 63   View pdf image (33K)
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