90 N.J. Eq. 85 | New York Court of Chancery | 1918
This matter came before me on objections by the defendants Chenoweths to the confirmation of 'the sale of lands under these foreclosure proceedings. The sheriff sold the mortgaged premises under a writ to execute the decree advised in 88 N. J. Eq. 496. They were struck off to Colonel George G. Green, owner of the decree, and also of the decree of foreclosure of a second mortgage. Souder v. Chenoweth, Docket 39, 612. His decrees amount to $15,128.22, and are subject to unpaid taxes on
The sale was conducted fairly, and in all respects according to law. The price was the highest and best that the property would, at the time of the sale, bring in cash, an,d as this was the only thing to be decided on objections a confirmation was advised. In Oakley v. Shaw, 69 Atl. Rep. 462 Chancellor Walker (then vice-chancellor) held “that the only office of a written objection to the confirmation of a sale in foreclosure under the act of March 12th, 1880, and rule 205 (now 218) of this court, is to urge the overthrow of a sale upon the sole grounds that the property did not bring the highest and best price that could be ob
It was not necessary to determine whether under the practice the court may refuse to confirm a sale where the bid is so grossly inadequate as to shock the conscience. I have no doubt that it may, and would, in a proper case, but that situation was not before me. The sale was not of a $20,000 property for $2,000. The bid was made to protect the purchaser's liens of $16,000 plus, and the difference between that sum and the estimated value of the property is a prominent and, most times, and in this case a controlling, factor on an appeal to the conscience on the ground of gross inadequacy of price.
This technical rule of practice, however, would not have been permitted to stand in the way if there- had been a meritorious complaint. Confinnation would have been held and leave given to file a petition or bill. Erom' statements made by counsel, unsupported by proof, I gathered that the best that could be put for fh under correct procedure was that Steelman, the owner of the third mortgage of $3,000, was ill on the day of sale, and but for that he would have bid at least $16,000; and, further, according to his affidavit above referred to, he was ready to bid that sum on a resale. Such a bid would not have been sufficient to satisfy the prior liens, unless it was meant to be exclusive of the taxes, and would not at all have helped the Chenoweths'' unless they had had some secret understanding with Steelman that he would hold their equity of redemption in trust. But 1 concluded to test- Steelman’s offer with the idea of suggesting a petition if it were bona fide — Colonel Green’s counsel having intimated that all his client desired was his money. Steelman was called upon to deposit, as I now recall, either $500 or $1,-O'OO with the clerk of the court to insure his proposed bid. This he declined to do, saying that he would not bind himself other than by the offer contained in his affidavit.
Steelman also filed objections, but, as his counsel failed to appear, and upon representations made in open court that he had abandoned them, which Steelman verified by his silence, they were dismissed for failure to prosecute.