Estate of Otis

The order for sale of the real estate, authorized the executrix and executor to sell, “ at either public or private sale, as they shall judge to be most beneficial for said estate, for cash, or on a credit not exceeding one year, payable in gross or in instalments.”

The notice given, inviting bids, stated that the sale would be “for cash, in gold coin.”

The following bid was received:

Report of the sale was made, and notice of hearing given by posting. A decree made, confirming the sale to L. S. B. Sawyer, reciting as follows:

L. S. B. Sawyer now asks that the order of confirmation be set aside, on the ground that the notice of sale did not conform to the order of sale, and that the bid contained provisions not embraced in the order.

The application of L. S. B. Sawyer is denied. In law, he had notice of the terms of the order of sale, and of the notice given; he, having such notice, put in such bid as he was advised. He had notice (by posting) of the hearing for confirmation, and, in contemplation of law, was present, making no objection. He cannot now be heard to say that the bid and confirmation were not according to the notice. Whether or not the title would pass, is not…