Harman v. Copenhaver

Citations

• 89 Va. 836
• 17 S.E. 482
• 1893 Va. LEXIS 110

Syllabus

<p>1. Judicial Salí:—Confirmation—Special term.—A decree was entered at a special term, confirming a report of sale filed before the commencement of the preceding regular term, and which could have been acted on at that term.</p> <p>Held :</p> <p>No error. Code, § 3002.</p> <p>2. Special Term—Presumption—Directory.—Where the judge’s warrant appointing a special term was duly posted, in accordance with Code,. § Í030, the presumption is that all of the provisions of that section were complied with, according to the rule in such cases, that all acts are presumed to have been rightly and regularly done. Besides, the provision that the clerk shall inform the attorney for the commonwealth and the sheriff or sergeant, of such appointment, is directory merely, and his failure so to do—</p> <p>Held :</p> <p>Not to affect the validity of the proceedings at such regular term.</p> <p>3. A Decree Confirming a Judicial Sale will not be set aside for mere inadequacy of price, but only for fraud, accident, mistake, or some other special ground which would justify rescinding a sale in pais.</p>