Morriss v. Virginia State Insurance

Citations

• 90 Va. 370
• 18 S.E. 843
• 1893 Va. LEXIS 62

Syllabus

<p>1. Trust Deed — Notice of sale — Equity jurisdiction.- — Where a court of equity has taken charge of the execution of a trust, it should prescribe a reasonable notice of at least thirty days for sale of the trust property, notwithstanding the fact that the deed required “ten days at the least.” Code 1873, ch. 113, ? 6.</p> <p>2. Idem — Place of sale. — Where sale shall be made lies in the trustee’s discretion in case the deed does not name the place; but if either party disapproves his decision, he should, before the sale, apply to the court for instructions. Shurtz v. Johnson, 28 Gratt., 657.</p> <p>3. Idem— Case at bar. — Where property on outskirts of Richmond was to be sold under a trust deed naming no place of sale, trustee selected the city hall, to which the debtor objected, that it would sell higher on the premises; held, the debtor’s wishes should govern.</p> <p>4. Idem- — Sale in parcels — Injunction.-—Deed not prescribing sale by parcels must be construed by the statute requiring, in case of default, the trustee “to sell the property conveyed by the deed, or so much thereof as may be necessary.” Held, if it will sell higher by parcels, and the owner requests such sale, and trustee refuses, a court of equity will intervene. Terry v. Mtzgerald, 32 Gratt., 851.</p> <p>5. Idem — Personal confidence. — The trustee must act in person, and not by agent. Harvey v. Steptoe, 17 Gratt., 289.</p>