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Tait v Lord Northwick

Nominate Series English Reports Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date20 November 1800
Date20 November 1800
CourtHigh Court of Chancery

English Reports Citation: 31 E.R. 789

HIGH COURT OF CHANCERY

Tait
and
Lord Northwick

tait v. Lord noetiiwick. Nov. ZQth, 1800. Biddings opened by a person, who was present at the sale. Mr. Raynsford moved to open biddings upon an advance of 200 on 2360 ; offering any farther advance, that the Court should think proper ; and stating, that the person, on. whose behalf the motion was made, was prevented from bidding at the sale ; having employed a surveyor to value the estate, whom upon going to the sale he found to his surprize attending, as agent, bidding for the purchaser. The sale took place in. September. Nothing more had been done than confirming the report nisi. (Note : After the report absolutely confirmed biddings are not opened without special circumstances : Watson v. Birch, 2 Ves. jun. 51. See the note, 55.) Mr. Stanley, for the Purchaser. This bill is filed by creditors by simple contract; who have boon long kept out of their money. This is not an insolvent estate : there is no deficiency. It is not a matter of course to open biddings merely upon offering a small advance. In Somner v. Charlton your Lordship refused to open the biddings on the ground, that the person, on. whoso behalf the motion was made, had attended the sale. (See Bigby v. M'Namara, 6 Ves. 117. M'Cullock v. Cotback, 3 Madd. 314...

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