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Brown et al. v. Byrne and Ensworth

Michigan Court of Chancery1844-07
1 Walk. Ch. 453

Authorities cited

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Opinion

majority opinion

The Chancellor.

It is improper for a Master to perform any official act, as Master, in a cause in which he is solicitor, or a partner of the solicitor. This, of itself, is sufficient cause for setting aside the sale, before it has been confirmed. But it appears the mortgaged premises were sold for $100 only, while Ensworth swears they are worth $1,300, and there is nothing before the Court showing he has placed too high a value on them.

Motion granted.