Page:Federal Reporter, 1st Series, Volume 3.djvu/703

 696 FEDERAL REPORTER. �the sale is made it is not final until a report is made to the court and it is approved and confirmed. It is said, also, that the purchaser becomes a party to the suit, to represent and defend his own interest, and is subject to the orders of the court made in that behalf. Id. S. G. 1 Wall. 055. And in Williamson v. Berry, 8 How. 4-95, 5e6, it is said these cau- tionary proceedings may be dispensed with by special order of the chancellor to pretermit them, but such are the proceed- ings when no special order is given. �I do not find in the books or cases any distinction between sales of realty and personalty in regard to the control of the court over the sale, for the purpose of receiving, before con- firmation, an advance bid. It is conceded on ail hands that the court may, if any fraud intervenes, summarily, before confirmation, and by petition at the same time, after confirma- tion, set the sale aside. See Savery v. Sypher, 6 Wall. 157. This must be on the principle that the sale is not, till con- firmation, in alljrespects final, and fuUy reeognizes the con- trol of the court until confirmation over the parties and the property. I see nothing to prevent the court taking the same control when the law sanctions a resale for an advance of price, as well as when it requires a resale in case of fraud or other misfortune in the conduct of the sale. It is, after ail, 80 far as relates to this matter of confirmation, not a question of title, but one of practice, as to the proper mode of exercis- ing the control of the court over the sale. Whether the title passes or not the court can set aside the sale under certain circumstances. If the control of the court over the property and parties has not been terminated by final confirmation the resale may be ordered summarily, and plenary proceed- ings by bill are unnecessary; if it has there must be such plenary proceedings. The authorities are settled that, after confirmation, no mere advance in price will suffice to open the biddings, however the application is made ; but this is a rule of discretion, and not dependent on the title the pur- chaser has acquired. If the rule of discretion were otherwise the court could, at the same term, the confirmation being set aside, order a resale, and it was the constant practice in ����