Hess v. Rader

Citations

• 26 Va. 746
• 26 Gratt. 746

Syllabus

<p>I. W is appointed a commissioner to' sell land at public auction, but he-is not to act under the decree until he gives bond, &c., faithfully to perform this and any future decrees made in the cause. He does not execute the bond, but he sells the land at private sale to-H, which he reports to the court. The court confirms the sale, and directs him to collect the money and invest it; and H pays him the whole purchase money; only a part of which he invests,, and dies insolvent. Held:</p> <p>1. The sale having been made by a commissioner under a decree of the court, and that sale having been confirmed by the court, it is a judicial sale.</p> <p>2. Whether made at public or private sale, it only becomes a sale at all, when confirmed by the court; that constitutes, such sale a judicial sale.</p> <p>3. W not having given the bond as required, had no authority to receive the purchase money; and H is responsible to the party who is entitled to the proceeds, for so much as has not been properly invested by W, and cannot be made out of W’s estate.</p> <p>4. The statute, Code of 1873, ch. 174, <S 1, is imperative, that a bond shall be given, and-it is the duty of a purchaser at a judicial sale to see that the bond has been given before he pays his money to the commissioner, or he does it at his. own risk.</p>