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BALLENTYNE v. SMITH

No. 216.

205 U.S. 285 (1907)

BALLENTYNE v. SMITH.

Supreme Court of United States.

Decided April 8, 1907.

Attorney(s) appearing for the Case

Mr. David L. Withington, with whom Mr. William R. Castle was on the brief, for appellants.

Mr. F.M. Hatch, with whom Mr. William O. Smith, Mr. A. Lewis, Junior, and Mr. L.J. Warren were on the brief, for appellee Smith.

MR. JUSTICE BREWER, after making the foregoing statement, delivered the opinion of the court.

The question presented is whether a court of equity may, prior to any order of confirmation, set aside a foreclosure sale of mortgaged property upon the single ground of inadequacy in price; and further, whether, if it has that power, the inadequacy here shown is so gross as to justify such action. It does not appear that there was...

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