Joseph P. Bradley

“ From the cases here cited we may draw the general conclusion that if the inadequacy of price is so gross as to shock the conscience, or if, in addition to gross inadequacy, the purchaser has been guilty of any unfairness, or has taken any undue advantage, or if the owner of the property, or party interested in it has been, for any other reason, misled or surprised, then the sale will be regarded as fraudulent and void, or the party injured will be permitted to redeem the property sold. ”

“ Stellmacher, where there was a sheriff's sale for $52, of property worth $2,000, belonging to a party who was ignorant, stupid, and perverse, and would not believe that his property would be sold for such a paltry amount, though told that it would be, Chancellor ZABRISKIE, after conceding that mere inadequacy of price at a sheriff's sale is not sufficient ground to set aside a conveyance, added: 'But when such gross inadequacy is combined with fraud or mistake, or any other ground of relief in equity, it will incline the court strongly to afford relief. ”

“ Great inadequacy requires only slight circumstances of unfairness in the conduct of the party benefited by the sale to raise the presumption of fraud.
In Howell v. Baker, ubi supra, where the case was a sale by a sheriff, grossly inadequate as to price, and was made on a stormy day, and the attorney was the purchaser, and no one was present but him and the sheriff, Chancellor KENT held the purchaser as a trustee for both parties, and allowed the debtor to redeem. ”

“ Indeed, the greater the fraud intended the more particular the parties to it often are to proceed according to the strictest forms of law. Considering the amount of the stake to be won, and the overwhelming injury to be inflicted upon an unsuspecting woman, it is difficult to regard with equanimity the proceedings of the defendant as the year of redemption drew to its close, and after it had terminated. ”

“ In this country Lord ELDON'S views were adopted at an early day by the courts, and the rule has become almost universal that a sale will not be set aside for inadequacy of price, unless the inadequacy be so great as to shock the conscience, or unless there be additional circumstances against its fairness ”

“ The driver of a team, seeing a child or a woman, or a person of known feeble intellect, in the street, is bound to exercise greater care and diligence to avoid doing them harm than would be obligatory if it was a grown and capable man. ”

“ The parties went into proofs, and the cause was heard before the court below, which, in January, 1882, announced its opinion that the case was one for redemption, but not for entire annulment of proceedings and unconditional surrender of the property on account of fraud; therefore, dismissing the bill against all the defendants except Graffam and Doble, the court gave the complainant leave to amend her bill on payment to the defendants of costs and reasonable counsel fees. ”

“ New hall had purchased all the interest of the complainant remaining in the property after the sale to Graffam, which included the right of redemption. The testimony given on this subject by Graffam's counsel, Fairfield, indicates the object of this move. 'I formed,' says he, 'an opinion in the premises that Newhall had a right to redeem the Graffam title or claim, and as I was counsel for both I stated to Newhall that he had the right, if he desired it, and told him and Peter Graffam, also, that one had better buy the other out and hold both claims. ”

“ With such knowledge of the position and expectation of the plaintiffs, a proper execution of the power, and a due regard to the rights and interest of the mortgagor, or those having his estate in the premises, required of the mortgagee, when after a reasonable time it became evident that Pope would not pay, that notice should be given to the plaintiff, and a bare compliance with the terms of the power was not sufficient.' This case, in its principles, is very analogous to the one now under consideration. ”

“ But as the case made by the bill was full to the purpose of such a decree, except the formal offer, and as the proofs supported the bill to that extent at least, we think the court did perfectly right in allowing the amendment to be made. Lord REDESDALE says: 'If upon hearing the cause the plaintiff appears entitled to relief, * * * if the addition of parties alone is wanted, an order is usually made for the cause to stand over, with liberty to amend the bill by adding the proper parties ”