96 Tenn. 358 | Tenn. | 1896
In this cause, in the Chancery Court of Davidson County, eertain real estate was sold by Whitworth, Clerk and Master and Commissioner, under order of the Court. Franklin became the purchaser at $2,505. He paid to Whitworth one-third of the amount bid, $835, and executed his two notes for the credit installments, thus complying
The Court of Chancery Appeals has heard the case, and affirmed the holding of the Chancellor, and Franklin, the purchaser, has appealed to this Court.
We think the Chancellor and Court of Chancery Appeals were correct, and there is no error in their holding. When the advance bid of Webb was made and accepted, Franklin was entitled to have his original bid canceled, and the cash paid to Whitworth refunded, and his notes given up and canceled, and
As to the last sale, Franklin bid as any third person would have done, and must pay the cash payment as any other bidder, and he cannot require the parties interested in the proceeds of the sale to accept anything except cash upon the resale.
There is no error in the decrees of the Chancellor and Court of Chancery Appeals, and they are affirmed.