In re Ewing

• Citation: 16 F. 753
• Parties: In re EWING, Jr., Bankrupt.
• Decision Date: 10 May 1883
• Court: D. Indiana

16 F. 753

In re EWING, Jr., Bankrupt.

United States Circuit Court, D. Indiana.

May 10, 1883

Mr Anderson, for Holladay.

Mr Bell, for Bass.

DRUMMOND J.

The assignee, under the order of the district court, sold at auction, for cash, and to the highest bidder, Jesse Holladay lot 5, in block 4, in Duncan's addition to Chicago. The sale was subject to the approval and confirmation of the district court.

A printed list of certain lots to be sold was given to various persons present at the sale, including lot 5, in block 4 and, among others, to John H. Bass, which contained an appraisement of the lots; that of lot 5, in block 4, being $5,750. Mr. Bass was present at the sale for the purpose of purchasing, and did buy one of the lots sold. According to his statement he kept his finger on the list of lots and their appraisement, and at the time of the bidding on lot 5 he made a mistake, as he alleges, as to the direction in which his finger was pointed, and supposed that the appraisement was $4,750, and under that impression, as he states, permitted the lot to be struck off to Mr. Holladay who at the time paid $2,362.50, and took a certificate from the assignee to that effect, and after an examination of the title paid the balance of his bid on the twenty-ninth of November, 1882, and took a certificate from the assignee to that effect. The sum bid by him was $4,725. Shortly after payment of the purchase money the assignee reported the sale to the court for its action thereon. Mr. Bass seems to have made no complaint at the time of the sale or immediately thereafter, although at once informed of the true appraisement of the lot. It should be stated that the assignee did not announce the amount of the appraisement of each lot, although it was contained in the printed lists in the hands of many of the persons present, and of Mr. Bass, as already stated. On the sixth of December, 1882, Mr. Bass filed objections, in the form of a protest against the sale, claiming that the price paid for the property was inadequate, and on the hearing, on the second of February, 1883, the court decreed 'that if the said Bass should pay to the assignee within 10 days the amount of Holladay's bid, with the sum of $1,000 in addition,' then the sale was to be canceled, and the money refunded to Holladay; and thereupon the property was to be sold over again by the assignee, on due notice given; and in case Bass failed to make the payment, the assignee was to execute a deed to Holladay for the property. Holladay was allowed to become the purchaser by an increase of his bid. Bass accordingly did pay to the assignee the amount named. Holladay, the purchaser, filed his petition in review, asking for a reversal of the order of the district court, alleging that the sale to him was fair and open, with numerous bidders present, and that he...