Langyher v. Patterson & Bash

Citations

• 77 Va. 470
• 1883 Va. LEXIS 79

Syllabus

<p>1. Judicial Sales—After confirmation, how set aside.—Where such sale has been confirmed by the court it cannot be set aside except upon petition or motion, after proper notice to all parties interested and for good cause shown.</p> <p>2. Idem—Case at bar.—Commissioner empowered to sell mill property for one-fourth cash and balance in one, two and three years, reported sale of same to L. at $1,000, receiving cash $56.50 and purchaser’s notes for balance payable in three equal annual instalments, and that he had found it impossible to sell to any advantage on terms of decree. No exception. On hearing sale confirmed. During same term, two days later, upset bid of ten per cent, offered. No money or security tendered. No affidavit or suggestion that the price was inadequate. Without notice to purchaser, who had left court, decree was entered rescinding confirmation, ordering the property to be set up on the terms ordered and started at $1,100. On appeal;</p> <p>Held:</p> <p>The decree of rescission of confirmation of the sale was erroneous.</p> <p>3. Idem—Confirmation cures irregularities.—Subsequent confirmation is equivalent to previous authority, cures departures from the terms prescribed and supplies all defects in the execution of the decree, except those founded in lack of jurisdiction. It makes the sale the court’s own act, and renders it no longer executory, but exectded.</p> <p>4. Idem—Public policy.—Public policy requires that purchasers at such sales should be entitled to certainty and security of their rights under their purchases, and that they should not be refused confirmation, simply because they may have got a good bargain.</p>