Hopper v. Hopper

Robinson, C. J., delivered the opinion of the Court. The real estate of John A. Hopper, the decedent, not being susceptible of partition without loss and injury to the parties in interest, was sold at public auction, under a decree of the Circuit Court for Harford County, to Harrison Hopper for $13,700. The purchaser having failed to comply with the terms of sale, the property was re-sold under order of the Court, and at the re-sale P. Lesley Hopper and Sally A. Dennis became the purchasers at and for the sum of $13,300. The property was first offered for sale by the trustees in five parcels, as follows: 1.

A farm containing seventy-two acres more or less. 2. A farm containing forty-nine and a half acres more or less. 3. A lot in Havre-de-Grace containing eleven acres. 4. A brick dwelling-house in Havre-de-Grace, with seven lots adjoining. 5.

A tract known as the “ Lime Kiln ” property, situate within the limits of Havre-de-Grace, containing twenty building lots. ⁴⁰² These several parcels were offered separately, the aggregate sales amounting to $13,200. The entire property was then offered as a whole, and sold to the above named persons for $13,300, being an advance of just one hundred dollars. To the ratification of the sale thus made, sundry exceptions are filed by Harrison Hopper, the purchaser at the first sale, and one of the heirs-at-law in interest. In the first place, it is said that the eleven acre tract contains seventy-three building lots, and the Lime Kiln tract twenty, and that these building lots ought to have, been offered separately, or in blocks; and if the property had been so offered it would have sold for more money.

A good deal of testimony was taken as to the best and most judicious mode of offering these properties, and in this, as in all other like cases, there is a wide difference of opinion; most, if not all, of the witnesses on the part of the exceptant seem to think these tracts would have brought more money if they had been offered in building lots, whilst the witnesses on the other side are of opinion that they sold for their fair market value, and brought more money than if offered in building lots, and for the reason that the demand for building lots in Havre-de-Grace is limited, and besides the tracts are not very desirable for building purposes. It was the duty of the trustees, of course, to offer the property in such a manner as to bring its fair market value, and to exercise the same judgment and prudence that a careful owner would exercise in the sale of his own property. Whether it is advisable to sell land by the acre, or in building lots, depends largely upon the location of the property, and the surrounding circumstances. Hear a large and growing city, it may be best to sell in. building lots, whereas near an ordinary town or village, if so offered, there would be but few purchasers, unless at prices so low as would justify the purchase of the entire tract.

One thing is clear, there is not a large demand for building lots ⁴⁰³ in Havre-de-Grace, and, besides, the eleven acre tract is low and flat and too far out of the built-up portion of the town to make it very desirable for building purposes. And so with the Lime Kiln tract, part of which lies in a hollow, with a stream of water running through it. After full consideration of all the testimony, it is very questionable whether any great number of these lots could have been sold for building purposes. A private owner might have realized more money by a sale in lots upon long credits, and by selling some at one time,