Page:Federal Reporter, 1st Series, Volume 3.djvu/696

 BLACKBUBN V. S. E, 00, 689 �■which reference bas been made. Other topîcs presented in the arguments need not be considered. �A decree will be entered in each case dismissing the bill of complaint therein, with costs to defendants, and it is directed that Buch decrees be drawn and presented for approval. ���Blaokbubn V. The Selma E. Co. �IGireuit Court, W. D. Tennessee. , 1880.) �L JuDiciAii Saie — Advance Bid — Paymbnt Lnto Court. — ^In an applica- tion to set aside a judicial sale upon the ground of gross inadequàcy of price, it is not essential that the amount of the advance bid should be actually paid into court. �2. Same — Samb. — It is essential, however, that such advance bid shouM �be ahsolute and unconditional. �3. Same — Samb — ^Equity Rôle 19. — Under equity rule 19, adopting the �practice of England so far as it is consistent with " our local circum- stances and conveniences," a third person can intervene and have a sale set aside, upon oflering a sufflcient advance in price and paying ail the expanses incurred by the previoua purchaser. �4. Samb — Samb. — It would seem, however, that such advance bid should �be sufflcient to aflord substantial evidence that for some, perhaps un- known, reason the propertyhas been greatly undersold; so much so that the purchaser has not simply a bargain, with a fair margin for profit, but an unconsclonableadvantageof the parties for whosebeneflt the sale was made. �5. Same — Same — Personal PHOPBnTY. — A sale of Personal property, �under a decree of foi eclosure, may be set aside for an advance of price, before the same is confirmed. C. Same — Same — Costs. — The costs and expenses to be paid by the advanco bidder cannot be fixed for ail cases, but must depend in each case oa its own circuuistances. �7. Same — Samb — Rebale. — In seems that the resale should conform to the �method of the original sale, upon such notice as the court may pre- Bcribe, having in view to advertise the fact that the former bids have not been accepted, and fiat a resale will be had, commencing at the amount of the advance bid oHered. �8. Same — Resale — First Purchaser. — The flrst purchaser is entitled to �increase his bid in open court to the amount of the advance bid, and claim a preference, but thia preference cannot be extended upon a still further advance of the bids. Morton v. Sloan, 11 Humph. 278. v.3,no.l2— 44 ����