Fitzner v. Noullet
Fitzner v. Noullet
Opinion of the Court
On the petition of the receivers, the court ordered certain real estate, depending upon the receivership, to be sold to pay debts; the terms of the sale to be one-third cash, and the balance in two equal payments, falling due in one and two years, with interest from date of sale. When this order was thus obtained, a mortgage consented ®n the property by a former owner, with pact de non alienando, was within a few days of falling due. At the maturity of this mortgage debt the holder of the mortgage note proceeded by executory process against the former owner, and obtained an order for the sale of the property for
They complain, in the first place, that the judge is without authority to revoke the said order ex proprio motu, and without being moved thereto by any request from anybody; and, in the second place, that, apart from the mere matter of form, such revocation would be wrong, because injurious to the receivership estate; and they pray for the writ of prohibition.
We think that the order for the sale of the property on a credit to pay a debt which was due and exigible was a mistake which the judge had the right to correct when he discovered it. Nor is it clear that these receivers, who aré subject to the control of the court at every step in the management of the property of the receivership, have any standing to complain of the action of the court.
The rule nisi is set aside, and this application dismissed, at the cost of the relators.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.