Williamson v. Berry (1850)

Williamson v. Berry (1850) 49 U.S. 495, involved the sale of property by a trustee under a will. By special legislative enactment the trustee was given power to sell real property subject to confirmation by the court. The trustee was not an officer of the court and the sale was not held pursuant to court order. In stating that the sale was not a judicial sale, the court said: "And in no event could a sale by Clarke, in conformity with the order, have been a judicial sale, but simply a sale by a private individual authorized to make it under acts passed for his relief, and assented to by the Chancellor, for the purpose of ultimately substantiating and verifying by a court of record the transfer of the property. It was a sale made without process, not by an officer in any sense of the word, but by a private person to a private person, after negotiation between them, and done by one of them, who had only in a particular way the assent of the Chancellor to sell." The Supreme Court said:"sale is a word of precise legal import, both at law and in equity. It means at all times, a contract between parties, to give and to pass rights of property for money, -- which the buyer pays or promises to pay to the seller for the thing bought and sold." The Supreme Court stated: "This court decides that, under the acts of New York, the chancellor had not the jurisdiction to give an order, permitting Clarke to convey any part of the devised premises in satisfaction of his debts, and that neither De Grasse, nor his alienee Berry, can derive from the order of the chancellor, or from the conveyance by Clark to De Grasse, any title to the premises in dispute."