Cooper v. Daugherty

Citations

• 85 Va. 343
• 7 S.E. 387
• 1888 Va. LEXIS 41

Syllabus

<p>1. Equitable Jurisdiction and Relief&emdash;B. C. Bond&emdash;Nulla Bona.&emdash; Equity will treat as a nullity a forfeited forthcoming bond, on the execution issued on the judgment whereon there has been a return of “ nulla bona,” and regard the lien of the original judgment as still subsisting for the benefit of the creditor. Jones v. MyHck, 8 Gratt. 179.</p> <p>2. Idem&emdash;Decree&emdash;Costs.&emdash;Where decree, not final, though adjudicating the principles of the cause, reserves the question of costs for future adjudication and refuses costs to the party prevailing;</p> <p>Held:</p> <p>Not error.</p> <p>3. Idem&emdash;Creditors’ bill&emdash;Sale&emdash;Master's report.&emdash;Report shows, on testimony of several witnesses, that the rents and profits will uot pay the debts within five years&emdash;the annual rents being $246 and the debts about $2,500&emdash;and the report is confirmed and sale of the land decreed ;</p> <p>Held :</p> <p>Not error.</p> <p>4. Idem&emdash;Decree of sale&emdash;Commissioners&emdash;Bond and security.&emdash;Sale commissioners are required by Code 1873, ch. 174, \\ 1, to execute bonds with security before receiving any money under the decree of sale, and failure of decree to direct the execution of such bond;</p> <p>Held :</p> <p>Not to be reversible error. Bodkin v. McAlister, 76 Va. 809.</p> <p>5. Idem&emdash;Refusal to accept bid&emdash;Case at bar.&emdash;One not a party to the suit asked leave to file a petition, offering for the land to be sold $800&emdash; $125 cash and balance in one, two and three years, without interest; the master having reported it as worth $900, and it having cost $1,200, without improvements, leave was refused ;</p> <p>Held:</p> <p>Not error.</p>