Conroy v. Carroll

Fowler, J., delivered the opinion of the Court. By authority of a decree of the Circuit Court for Montgomery County, the trustees therein named sold a part of ¹²⁸ the real estate of the late Samuel Sprigg Carroll. Exceptions were filed to the ratification of this sale upon the ground, first, that the sale was not advertised according to the requirements of the decree; second, that the price obtained was grossly inadequate ; and, thirdly, that the trustees had failed to file the bond required by the decree. The learned Judge below overruled the second and third exceptions, sustained the first, and passed an order setting the sale aside.

From this order the purchaser, Thomas F. Conroy, has appealed. The trustees were required by the decree to give “at least three weeks previous notice by advertisement inserted in some newspaper printed and published in Montgomery County, and such other notice as they should think proper, of the time, place, manner and terms of sale.” This requirement, it is conceded, was not complied with, for the sale which was reported as having been made to the appellant never was advertised, except by a short notice published in the Washington Star five days before the sale. The appellant purchased the property for seven thousand five hundred