Frazier v. Hendren

Citations

• 80 Va. 265
• 1885 Va. LEXIS 64

Syllabus

<p>1. Judicial Sales — Purchaser.—Re-sale having been directed of certain Springs property for default of payment of the purchase money where-for M. as surety for F. was bound, M. contracted with parties having interests in said property to buy it, and form a joint-stock company to manage it. To this company as the purchaser the sale was made, reported and confirmed, and the property conveyed; and the contract being before the court with the report of sale, M. was treated as the agent of the company.</p> <p>Held:</p> <p>M. was not personally liable as purchaser.</p> <p>2. Vendor’s Lien — How extinguished. — Such lien may be extinguished by payment of the purchase money, or it may be waived or surrendered by the voluntary act of the vendor. Case at bar is an instance of such extinguishment of lien.</p> <p>8. Judicial Sales — Case at bar. — Part owners and lienors of the Springs property agreed, as a joint-stock company, to buy it, and to pay off the claims on it in the stock and.bonds of the company. They so bought it, and the agreement was returned to the court with the report of the sale, — certain other creditors, not parties to the agreement, assenting to it.</p> <p>Held :</p> <p>The purchaser’s liability was to pay money, and it cannot be discharged in any other thing, quoad any party in interest, against his wishes.</p> <p>4. Setoffs — Case at bar. — In Frazier v. Frazier, 77 Va. 775 (to which case at bar is sequel), a certain sum was held due J. A. F., and to be a lien on the property of the R. A. Springs company, and that property was directed to be sold in default of payment. When the case went back the company brought in as setoffs to that sum, certain judgments against J. A. F. Upon appeal by him :</p> <p>Held :</p> <p>1. These judgments were lawful setoffs against the decree.</p> <p>2. The decree in Frazier v. Frazier is without error and will not be disturbed, except so far as the costs were given against the ap-pellees generally, when they should be aga