Etter v. Scott

Citations

• 90 Va. 762
• 19 S.E. 776
• 1894 Va. LEXIS 62

Syllabus

<p>1. Judicial Sales — Purchasers—Account of liens. — Purchasers under decree should not be required to take or pay for the property where it had been thrice sold without an account of liens and the title is uncertain.</p> <p>2. Idem — Bents and profits. — Where the bill fails to allege, and it is not proved, that the rents and profits will not within five years discharge the liens : held, error to decree sale.</p> <p>3. Idem — Previous sale. — Purchasers at such sale should not be compelled to complete their purchase where the land has been previously sold in another suit, and neither the sale nor the decree therefor has been set aside.</p> <p>4. Idem — Sale commissioner. — Owner of half of the judgment, to satisfy which the suit is brought to sell land, held incompetent to act as commissioner to sell.</p>