153 Ga. 725 | Ga. | 1922
(After stating the foregoing facts.)
Inadequacy of price alone is not sufficient to void a sale without fraud; and unless the inadequacy is so gross as, combined with other circumstances, to amount to a fraud, a 'sale can not be held to be void. Civil Code (1910), § 4129; Black v. Elrod, 146 Ga. 692 (92 S. E. 62). But, taking into consideration all the “other circumstances ” of this case,— the facts that the crowd had practically all dispersed, that the sale was conducted by the attorney of the administrator, that the purchaser at the same was the brother of the administrator, who was bidding in competition with the plaintiff, that the land in the afternoon, when the crowd had dispersed, brought only about half of what was bid for it in the morning by the same purchaser, and that the land was put up for sale the last time about, if not after, 4 o’clock,— taking all these circumstances together, and the other fact, as appears from the record, that the defendants expressed a purpose to resell this land at the risk of the plaintiff, we are of the opinion that a new trial should be granted in this case.
In the case of Smith v. Ga. Loan & Trust Co., 114 Ga. 189, 192 (39 S. E. 846), it is said: “We think the authorities are uniform that where there is gross inadequacy of price, any circumstances such as fraud, mistake, misapprehension, surprise, or anything else which conduces to the inadequacy of price, will be held to invalidate the sale.” It is also said that “ Courts have full power over their officers making execution sales; and whenever satisfied that a sale made under process is infected with fraud, irregularity, or error to the injury of either party, the sale will be set aside.”
In Bean v. Kirkpatrick, 105 Ga. 476 (30 S. E. 426), it was held: “ It is the right and duty of an administrator who is conducting
Judgment reversed.