Page:Federal Reporter, 1st Series, Volume 3.djvu/706

 BLAOKBURN V. S. B. CO. ' 699 �$8,000 and sold for $1,000, upon the ground of gross inade- party applying. The Sparkle, 7 Ben. 528, 636. �There is another view of this question which is conclusive in favor of the continued control of the court over this sale of these bonds, even if the position be correct that, generally, as to Personal property, the sale is complete when the prop- erty is struck oËf to the highest bidder. Decrees of fore- closure and redemption, or of sale with redemption barred, require confirmation of the sale to complete them. 2 Danl. Ch. Pr. 997, 998. They are final in the sense of being in a condition to be appealed from without waiting for a confirma- tion, but the sale is in the nature of an execution of the decree, and the judgment of the court confirming or refusing confirmation may also be appealed. Id., and notes. Vice Chancellor Wigram says whether a report needs coufijmation depends upon the terms of the order and the nature of the Bubject, and not upon the proceedings onwhich the reference is made. 2 Danl. Ch. Pr. 1304; Ottey v. Pensam, 1 Hare, 322. The supreme court has also said that if a decree in terms requires a report of a master to be confirmed, until confirmation it cannot be acted on. Gray v. Brignardello, 1 Wall. 627. The decree of sale in this case requires, in terms, that the sale shall be confirmed to bar the equity of redemp- tion, and the sale cannot, therefore, be complete without it. The equity of redemption applies as well to the bonds as the other property. 1 Schouler's Pers. Prop. 553, 555 ; 2 Hilliard Mort. Appx. 2, § 38; Story, Eq. § 1033; Freeman v. Free- man, 2 C. E. Green, 44; Wilson v. Brannan, 27 Cal. 258, 259. �But the biddings are never opened without requiring the applicant to pay the costs and expenses of the firsfc purchaser, and we are asked to designate what are to be included in Buch allowances. The theory seems to be that he must be made whole and depart from the court without the least losa to him. The court refuses to specify any particular allow- ances, and if the parties cannot agree refera the matter to a master to aseertain and fix the allowance according to the facts of the case and the practice of the court. In one case ����
 * uacy of price, coupled with circumstances of svirprise to tha