Lillard v. Gravies

Citations

• 123 Va. 193
• 96 S.E. 169
• 1918 Va. LEXIS 16

Syllabus

<p>1. Judicial Sales-Setting Aside-Inadequacy of Price.&emdash;Where the question before the trial court is the confirmation or setting aside of a judicial sale for alleged inadequacy of price, ex parte affidavits of landowners living in the vicinity, all of whom stated that the price was a fair one, may be considered by the court in opposition to the opinion of the commissioner that the price was inadequate.</p> <p>2. Judicial Sales-Setting Aside-Inadequacy of Price.&emdash;A judicial sale regularly and fairly made in compliance with the decree of sale, will not be disturbed upon the bare suggestion of of price.</p> <p>3. Judicial Sale-Setting Aside-Inadequacy of Price-Case at Ban\\-In the case at bar, it was error for the circuit court to set aside a judicial sale upon the opinion of the commissioner who made the sale, that the price obtained for the land was inadequate, wholly unsupported by evidence, against the in favor of the highest bid as a just criterion of the va’ue of the property, and the unccntradieted evidence afforded by the affidavits of fourteen responsible citizens and whose property either adjoined or lay in the immediate vicinity of the land in controversy, that it brought a fair price.</p> <p>4. Judicial Sales-Setting Aside-Inadequacy of Price.&emdash;It is error to set aside a judicial sale solely because after the sale an advanced bid of ten per cent, has been made.</p>