Garritee v. Popplein

Briscoe, J., delivered the opinion of the Court. This appeal is from an order passed by the Circuit Court for Baltimore County, in Equity, on the 20th of December, 1889, finally ratifying a sale of real estate made by P. E. Tome and John I. Yellott, trustees under and by virtue of a decree of said Court. The decree was passed on the 21st of June, 1889, upon a written submission for decree, signed by the plaintiff and defendants, and on the 20th of August of the same year, one day before the advertised day for the sale of the property, an appeal from the final decree was prayed. There was no appeal bond, however, filed to stay the execution of the decree, so the trustees sold the property, and duly reported its sale on the 21st of August, 1889.

The ap ³²⁴ pellants on the 14th of September, 1889, filed certain exceptions to the ratification of the sale, (which we will consider hereafter,) and, after proof taken, they were heard on the 20th of December, and overruled by the Court. The sale was then finally ratified and confirmed. The auditor's account distributing the fund was regularly made, and, after due notice was finally ratified on the 20th of January, 1890. The fund was distributed by the trustees, and the releases of the parties entitled to the fund obtained and filed.

It was not until the 14th of February, 1890, that this appeal, which we are to consider, was ordered. The transcript of the record was not made up until the 5th of June, and was not transmitted to this Court until the 3rd of October, 1890. The Clerk of the County Court, however, files affidavits in this Court, stating that these last delays are not chargeable to the appellants, the cost of the record having been paid, but were occasioned by his neglect and omissions; otherwise we should have to dismiss this appeal under the rules of this Court. The motion to dismiss will be overruled.

It is, however, Olear from the decisions of this Court, that as there was no' appeal bond filed by the appellants to stay the execution of the decree, the right acquired by the purchaser under the sale would not at all be disturbed or affected by a reversal, unless it can be shown that there was unfairness or collusion in making the sale by the trustees. Wampler vs. Wolfinger and Strite, 13 Md., 337 ; Lenderking vs. Rosenthal, 63 Md., 28 . And of this there is no proof in the record, or any reasonable contention on behalf of the appellants. There were a large number of exceptions, (thirteen) filed to the ratification of the sale, but only two urged at the hearing.

The •first states that the amount reported as the sum for which said property was sold, is grossly inadequate, and far below its value. The second, that the time of the ³²⁵ year at which, said property was sold, was an inappropriate and improper one for a sale of property of