11 Haw. 709 | Haw. | 1899
OPINION OF THE COURT BY
The steamship City of Columbia was sold at auction by tbe marshal under an order of sale of tbe court to satisfy a claim for wages by tbe officers and men amounting to $11,000. Tbe last and best bid for her was $1,500 by one Henry L. Evans and tbe vessel was knocked down to him. Before tbe marshal made return tbe libellants protested against tbe confirmation of
We make no question that a successful bidder at such sales should be heard in the matter of the confirmation thereof, though not to be made a “party” in the original cause.
The action of the judge in ordering a re-sale was appealed to this Court. The amount of the sale to Evans would not cover the marshal’s expenses and costs incurred in the case of the vessel and of course would realize nothing to the libellants who are seamen and wards of the court, and we were therefore anxious to look into the matter closely in order to afford them some relief, if possible. There is but little doubt that the general rule governing the confirmation of a judicial sale is that the sale, if regular, will be confirmed unless the price obtained is so grossly inadequate to the value of the property sold as to shock the conscience of the court and be presumptive evidence of fraud. We find that there was no irregularity in the sale and the only ground upon which the sale is attacked is that of
Estimated values of articles on board of the vessel easily capable of removal were adduced, but in this very limited market whether they would realize their just value would depend on whether any particular purchaser had in mind any special use to which they could be devoted, as for instance, the sails would not find a ready market unless they were of the style and size suited to vessels coming in or going out this port. The marine engine might be worth considerably more, if immediate
We feel obliged, in view of tbe evidence adduced, to bold that tbe value that tbe vessel would produce to tbe purchaser is not so grossly inadequate as to authorize a re-sale, and therefore remit tbe cause to tbe Circuit Judge below with directions to confirm tbe sale.