Lost Mountain Development Co. v. Rufus King v. Matthew B. Kezar, et al. - Concurring

Case Number
M2004-02663-COA-R3-CV

I concur in the opinion of the Court and write separately in order to re-emphasize and reaffirm the sound rules of law stated in Holt v. Citizen Central Bank, 688 S.W.2d 414 (Tenn.1984).  Prior to the decision of the Supreme Court in Holt, an innocent purchaser at a foreclosure sale had constantly to look back over his shoulder for fear that someone would challenge the validity of the foreclosure sale in equity under the “shock the conscience of the court” standard. Holt makes it clear that, in the absence of misconduct or fraud, a purchaser at a foreclosure sale where the property brings less than true value is free from a constant cloud upon his title.

Authoring Judge
Judge William B. Cain
Originating Judge
Chancellor Jeffrey F. Stewart
Case Name
Lost Mountain Development Co. v. Rufus King v. Matthew B. Kezar, et al. - Concurring
Date Filed
Dissent or Concur
No
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