Alexander v. Howe

Citations

• 85 Va. 198
• 7 S.E. 248
• 1888 Va. LEXIS 28

Syllabus

<p>Equitable Jurisdiction and Relief—Trust deed—Judicial sale.—Trustee advertises land for sale under trust deed Owner enjoins sale on the ground of usury and the pendency of suit to partition the tract whereof this was an undivided part. Circuit court perpetuated injunction as to the usury, and dissolved it as to residue of the debt, and decreed that trustee proceed to sell the land and report to court. Trustee, ascertaining that there were several liens on the land, sold it “free of liens,” and reported that fact to the court, and asked that an account of liens be taken before the proceeds of the sale were disbursed ;</p> <p>Held :</p> <p>The sale was a judicial sale, and was premature and erroneous, in that it was ordered before the liens were ascertained by the court, it appearing that liens existed. Shultz v. Hansbrough, 33 Gratt. 576.</p>