Hansucker v. Walker

Citations

• 76 Va. 753
• 1882 Va. LEXIS 76

Syllabus

<p>1. Judicial Sales—Upset bid.—Yo fixed rule can be laid down as to the amount of an upset bid which will set aside a sale; but confirmation must depend on the facts of each ease.</p> <p>2. Idem.—For principles applicable to confirming- or setting aside sales, see Brock v. Rice, 27 Gratt. 812; Roudabush v. Miller, 32 Gratt. 454; Berlin v. Melhorn, 1 Matthews, 639.</p> <p>3. Idem.—On creditor’s bill to enforce judgment and trust liens, sale is decreed to be made by three commissioners substituted for original sole trustee; no day is given debtor for redemption; sale is made by two of the three, but in these respects not excepted to below.</p> <p>Held :</p> <p>The objections to the sale on those grounds are not well taken.</p> <p>4. Idem.—But the sale being for a price reported by the commissioners of sale and by the commissioner of account, and certified by three adjacent land owners, as much below the actual value of the land, and there being a well secured upset bid of ten per cent.—</p> <p>Held :</p> <p>The sale ought to have been set aside for inadequacy of price and a resale ordered.</p> <p>5. Commissioner’s Report—Usurious interest.—From face of report usurious interest was paid; no exception when report was adopted; after-wards exception was endorsed, but attention of court not called thereto.</p> <p>Held:</p> <p>The decree cannot be reversed on that ground, but on other grounds being remanded, the court below can disallow the usurious interest and apply excess as a credit to the debt, in conformity with Moseley v. Brown, supra, p. 419.</p>