Henry Billings Brown

“ If the sale has been attended by any irregularity, as if several lots have been sold in bulk where they should have been sold separately, or sold in such manner that their full value could not be realized; if bidders have been kept away; if any undue advantage has been taken to the prejudice of the owner of the property, or he has been lulled into a false security; or if the sale has been collusively or in any other manner conducted for the benefit of the purchaser, and the property has been sold at a greatly inadequate price,-the sale may be set aside, and the owner permitted to redeem. ”

“ Add to this the further finding that at neither of the sales was there any other bidder and no other person present than Stephens and the officer conducting the sales, and we can readily appreciate how inevitable it was that the property should be sacrificed. Although there is no general rule that an attorney may not purchase at an execution sale, provided it be not done to the prejudice of his own clients (Railroad Co. v. Ketchum, 101 U.S. 289, 300) , such purchase in itself is calculated to throw a doubt upon the fairness of the sale ”

“ Pope's Ex'rs, 9 B. Mon. 261, 264, it is said that 'a refusal by the purchaser to accept the money and permit the redemption to be made within the time agreed would be a fraud upon the defendant in execution, and authorize an application by him to a court of equity for relief.' Probably, if a motion had been made in the original case to set aside the sale upon the ground of mere irregularities, such motion would have to be made before the statutory period for redemption had passed ”

“ On April 10, 1892, plaintiff offered to pay defendants the full amount of the judgment obtained by them, together with interest at the rate of 1 per cent. per month, and also to liberally compensate them for all their services and trouble, give them $1,000 besides as a bonus, and pay all their advances, with interest, if they would reconvey to him, which the defendants refused to do. ”

“ Burgess, and the general proposition laid down, as above stated, that if, in addition to inadequacy of price, there be other circumstances throwing a shadow upon the fairness of the transaction, the judgment debtor will be allowed to redeem. ”

“ The court further found that the said attorneys, in violation of their duty to obtain the highest possible price for the property while acting in behalf of their clients, became the bidders upon said property, and so acted as to obtain the same for the least possible sum, so as to satisfy the judgment, and at the same time to sell all the property belonging to said Young. ”