Patterson v. Eakin

Citations

• 87 Va. 49
• 12 S.E. 144
• 1890 Va. LEXIS 88

Syllabus

<p>1. Judicial Sales.—Rescission after Confirmation'.—After sale confirmed, it will be set aside only for some fraud, accident, mistake, or misconduct of the purchaser or other person connected with it, working injustice to the person complaining. Karn & Hickson v. Rover Iron Co., 86 Va., 754.</p> <p>2. Chancery Practice.—Consolidation.—In its discretion a court of equity may order causes pending therein to be consolidated and heard together.</p> <p>3. Idem.—Decedent's Land—Notice of Confirmation—Case at Bar.—Testator, owning a store-house whereon was a vendor’s lien, and a farm, devised the latter to his wife and children. Store-house and lot, in a suit to enforce the lien, were sold for enough to pay the lien. By an account in that suit, it was ascertained that the only other debt was an unsecured one, which with the lien had heen assigned to the purchaser Later, in suit by the devisees to sell the farm, and after paying the debts, to distribute the proceeds, sale of the farm was decreed, and the causes consolidated. Sale was made and confirmed in vacation without notice to the creditor : held, the creditor as purchaser became party to the first suit, and by the consolidation, also to the last suit, and as such party, was, under Code, section 3426, entitled to notice of the confirmation of the sale made in vacation; but the confirmation will not be set aside unless he was prejudiced by want of notice.</p>