Mosby & Wife v. Withers' Ex'ors

Citations

• 80 Va. 82
• 1885 Va. LEXIS 42

Syllabus

<p>1. Practice in Chancery — Plea of another suit pending. — Where in suit in equity plea is presented of another suit in equity pending in same court, between same parties, concerning same subject, it is not error to reject the plea, consolidate the causes, and proceed in them as in one cause.</p> <p>2. Idem — Judicial sale — Re-sale.—At judicial sale title is retained, bonds with personal security are taken, and, as additional security, collaterals are assigned by purchaser to commissioner. It is not error, in such case, for the court, without first exhausting the bonds and collaterals, to decree a re-sale of the land unless within a prescribed period the purchase-money in arrears shall be paid ; especially where the commissioner has reported that the collaterals cannot be made available without a chancery suit.</p> <p>8. Idem — Amendment of pleadings. — Where, from a plea, which is unsus-tained by evidence, or rejected as making no lawful defence, it nevertheless appears that certain necessary parties have been omitted, it is right to allow the bill to be amended by inserting the omitted parties.</p>