Van Norman v. Barney

• Court: Mississippi Supreme Court
• Citation: Van Norman v. Barney, 199 Miss. 581, 24 So.2d 866 (Miss. 1946)
• Decision Date: 25 February 1946
• Docket Number: 36035.
• Parties: VAN NORMAN v. BARNEY.

24 So.2d 866

199 Miss. 581

VAN NORMAN v. BARNEY.

No. 36035.

Supreme Court of Mississippi

February 25, 1946

F. D. Hewitt, of McComb, for appellant.

Gordon & Gordon, of Liberty, for appellee.

ROBERDS Justice.

This appeal involves the correctness of the action of the Chancellor in refusing to confirm in appellant a sale of lands of Hillery Barney, an alleged non compos mentis, made at the instance of a guardian of said lands.

The question arises under these circumstances: At a sale made April 28, 1945, appellant was the highest bidder at $1,990, which he paid to the special commissioner making the sale. The Chancellor declined to approve this sale because it became known to him that the land was not correctly described in the petition for the sale and in the advertisement. The petition was amended and the description corrected and another sale ordered.

The second sale took place May 5, 1945, and J. I. Poole was the highest bidder at $2,560. The Chancellor refused to approve this sale because the time elapsing between the date of the advertisement and the date of the sale was less than that required by the decree and the law. Another sale was ordered.

The third sale was had June 22, 1945, at which J. I. Poole was the highest bidder at $2,280. The Chancellor conformed that sale.

It appears that appellant bid at the second and third sales. He also filed in the cause a written protest against confirmation of the sale to Poole, insisting that the first sale be confirmed to him.

Both...