Ridgely’s Notebook III, 386
Court of Chancery of Delaware, Sussex County.
July 23, 1821.
[Application for release from obligation of completing purchase made at judicial sale:]
In this case John Rust by whom the said lands of the said Bernard Magee were purchased at a sale under the authority of this Court, comes and objects to being required
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to complete the said purchase and to pay the purchase money on the following grounds:
First, that there are eight or nine acres of valuable woodland constituting an important part in value of the lands and estate of the said Bernard Magee, of which the said Bernard Magee, at the time of death was seised for and during the lifetime only of a certain Perry O’Beir, and that the said John Rust, at the time of his bidding for the lands of the said Bernard Magee, did suppose that he was purchasing the whole of the said lands in fee; that he would on no account have purchased the said lands if he had then known that the said Bernard Magee had died seised of a life estate only in the aforementioned portion of the said lands; that the said portion of woodland constitutes more than one half of the whole woodland in value on that side of the river belonging to the estate sold.
Second, that at the said sale, the said John Rust purchased a moiety of a sawmill of which the said Bernard Magee’s representatives were not seised of any estate at the time of the sale.
Third, that since the sale the said property has been considerably impaired in value by the neglect or misconduct of the tenant or others.
Fourth, that the title is deficient, in other respects: and that he should not be called upon to complete the said purchase and pay the said purchase money, unless now a full and complete title can be made to him for all and every part of the estate he bid for at the sale.
(Signed) J. Bust.
. . . .
BY THE CHANCELLOR.
This application of Mr. Rust must be dismissed. Mr. Rust had notice before the sale at the time he filed his former objections; beside Mr. Rust is out of time. The decree for the confirmation cannot be altered but upon very strong grounds, and for want of knowledge of some fact which was not then in the party’s power. This want of title as it is alleged was fully known to Mr. Rust, and for some cause, negligence, almost if not wilful forgetfulness, he omitted then to make it a part of his exceptions.
Mr. Robinson, Mr. Hall, for Derickson.
Mr. Wells, Mr. Cooper, for Rust
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