Ayres v. Alphin

Citations

• 88 Va. 416
• 13 S.E. 899
• 1891 Va. LEXIS 54

Syllabus

<p>Practice in Chancery—Parties—Reoioal—Case at bar.—Deeree for sale being-entered in suit to enforce vendor’s lien, a judgment creditor of vendee, whose judgment binds his real estate, agreed to a private sale provided that after paying vendor he should receive one-half the residue. Purchaser failed. A re-sale was ordered, without reviving the suit, though the judgment creditor had died. By the decree his rights were ignored, and the residue directed to be paid over to vendee;</p> <p>Held :</p> <p>By his consent to the first sale, the judgment creditor became a party to the suit, and it. was error to enter the second decree without having first revived it as to his administrator, who may file a bill to review it.</p>