P. T. Glass & Co. v. Porter
P. T. Glass & Co. v. Porter
Opinion of the Court
delivered the opinion of the court.
This bill was filed by complainants, as creditors of Benj. T. Porter, to have three deeds of trust executed by Porter closed, and the debt secured satisfied, with the view of reaching and applying the surplus to the satisfaction of their debts. A decree was made for the sale of the land conveyed in the trust deed, to be on a credit of six months, and free from the equity of redemption. The land was sold, and purchased by P. T. Glass at the amount of complainant’s debt and costs, and the sale confirmed and the title vested.
It has been repeatedly held by this court, that to authorize a sale of land free from the equity [of redemption by decree of the Chancellor, the application for sale, on sufficient credit for that purpose, must be made in the bill as well as appear in the decree.
It follows that the decree is erroneous and must be reversed, the sale made set aside, and the land sold in pursuance of the terms prescribed in the trust deed, by the clerk of this court. The costs of both courts will be paid out of the proceeds of the sale.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.