Page:Federal Reporter, 1st Series, Volume 3.djvu/698

 BLAOKBtJBN V. S. B. 00. 691 �applicant would be taxed witk unnecessary costs. I think, therefore, the application should be heard, and it will be time enongh to order the money paid when the biddings are opened. In the latest case on the subject the supreme court of Tennessee bas said that the applicant fihould not be repelled upon the mare form of bis application, and over- ruled the objection that the money was not paid in along •with the offer. Lucas v. Moore, 2 Lea. 1. That case also decides that the offer must be unconditional, and manifestly the court cannot, in this proceeding, traffio with the proposed purchaser as to the terms on which the resale shall be made or attempted. The terms of sale are already fixed by decree, and they must be complied with, the costs being left, as in ail cases, to be determined in its legal discretion by the court. The conditional offer of $3,000 cannot, therefore, be con- sidered. �The debts to be paid in this case amount to $219,170, and from the description of the property as found in the mort- gage, the bill, and the decree of sale, oue would iufer that its value should be millions of dollars, and the priees offered are calculated to shock the conscience of any court, and provoke a conelusive presumption of some fraud, accident or mistake, sufficient to summarily set aside the sale; and I should have no hesitancy in ref using, on my own motion, to confirm this sale, but for the explanation found in the state- ments made at the bar, that the e5 miles of ûnished and equipped road in Alabama is subject to a prior lien, and îs already in the adverse possession of parties claiming under that lien, and supported by decisions of the Alabama court» likely to suetain their claim ; and that the liability of the city of Aberdeen on the bonds is contested, and, under decisions of the Mississippi courts, likely to Be altogether defeated. Notw.ithstanding these facts, which find support in the small- ness of the advanced bids here made, it seems to me that the circumstances warrant the court in the conclusion that this property bas not sold for its value, and that, if possible, thero should be a resale. �I am fully impressed with the importance of supporting tho ����