Adkins v. Edwards

Citations

• 83 Va. 300
• 2 S.E. 435
• 1887 Va. LEXIS 68

Syllabus

<p>3. Chancery Practice—Bill—Answer—Cross-bill—Relief.—Where the transactions between the parties are numerous and cognate, and have not all been embraced in the bill, but are set up in the answer, the latter may be treated as a cross-bill and put them in issue, and relief in respect thereto may be granted by the court, so as to avoid multiplicity of suits. Mettert v. Hagan, 18 Gratt. 231.</p> <p>2. Idem—Commissioner's report—Answer—Admissions—Case at bar.— Where bill to enjoin sale under trust deed alleges that a certain debt was embraced in the trust deed, and the answer denies the allegation, though the answer on oath is waived, and the master’s report sustains the denial, and is supported by the plaintiff’s admissions elsewhere, the report should be confirmed.</p> <p>3. Idem—Costs—Case at bar.—Costs'lie within the discretion of the court, and are properly awarded to the party substantially prevailing.</p> <p>4. Idem—Account of liens—Sale—As a general rule, an account of liens should be decreed and taken before a sale of the land is decreed. Kendrick v. Whitney, 28 Gratt. 646.</p> <p>5. Idem—Vendor and Vendee — Conveyance—Warranty’—Case at bar.— Where vendor contracts to convey land to vendee with general warranty upon payment of the purchase money, it is error to decree conveyance with special warranty only upon such payment.</p> <p>6. Idem—Injunction—Dissolution—Receiver—Case at bar.—Code 1873, ch. 175, \\ 14, applies only to a pure bill of injunction, and not to a case ' where the bill prays for other relief besides the injunction ; and pending the litigation for the subjection of the land to sale for the purchase money, it is not error to appoint a receiver to rent the land, and, if necessary, to collect the bond given by vendee for the rent, as was done in the case at bar. Pulliam v. Winston, 5 Leigh, 353.</p>