Peters v. Neville's trustee

Citations

• 26 Va. 549
• 26 Gratt. 549

Syllabus

<p>1. Bonds well secured are given by purchasers at a judicial sale made in i860, and they fall due in 1861, 1862 and 1863. In i860 P is appointed a receiver to collect the purchase money; and he collects that due in 1862 and 1863 in Confederate money, and makes no report to the court, but retains it in his own hands. He was not authorized or justified in receiving Confederate money, and it is not to be scaled.</p> <p>2. Where an exception is not taken to a commissioner’s report, on a question which might be affected by extrinsic evidence, and the question is not made in the court below, the appellate court will not consider it.</p> <p>.3, After an appeal has been allowed in a cause, by consent of parties a decree is made, modifying, in one respect, the decree appealed from. The appellate court may amend the decree appealed from in that respect, and affirm it.</p> <p>4. A decree directing a receiver to pay certain sums to parties, which should bear interest from a certain day, will be amended, and so amended will be affirmed.</p>