Matthews v. Daniels

• Decision Date: 11 February 1893
• Citation: 21 S.W. 469
• Parties: MATTHEWS et ux. v. DANIELS et al.
• Court: Arkansas Supreme Court

21 S.W. 469

MATTHEWS et ux. v. DANIELS et al.

Supreme Court of Arkansas.

February 11, 1893.

Appeal from circuit court, Chicot county; Carroll D. Wood, Judge.

Action by Luke Matthews and wife against J. B. Daniels and H. C. Stinson to set aside a sale under a power in a mortgage, at which sale H. C. Stinson, one of the mortgagees, became the purchaser. From a judgment in favor of defendants, plaintiffs appeal. Affirmed.

The land was appraised at $180, and was bid in by Stinson at $141. The mortgage contained these words: "At which sale the said grantor or his assignee may bid and purchase as any third person might do."

J. W. Dickinson, for appellants. John G. B. Simms, for appellees.

HEMINGWAY, J.

It was ruled in the case of Ellenbogen v. Griffey, 55 Ark. 268, 18 S. W. Rep. 126, that at a sale under a power in a mortgage the mortgagee may become a purchaser, if the terms of the mortgage expressly authorize it, provided it be in all respects fairly and faithfully conducted; and, as there is no showing that the sale attacked in this case was unfairly or unfaithfully conducted, it cannot be set aside merely because the mortgagee was a purchaser thereat. The land purchased by the appellees sold for more than two thirds of its appraised value; and the fact that it did not sell for its full value is not, alone, sufficient to establish fraud or unfairness, or to warrant the court in setting it aside. Affirmed.