Pitzer v. Logan

Citations

• 85 Va. 374
• 7 S.E. 385
• 1888 Va. LEXIS 43

Syllabus

<p>1. Trust Deeds&emdash;Substituted trustee&emdash;Jurisdiction&emdash;Presumption&emdash;Sale.&emdash; No presumption lies in favor of court of competent jurisdiction that all parties in interest were before it, unless the record shows that all such parties had notices. Order substituting another trustee is null, and sale made by him is void. R. R. Co. v. R. R. Co., 19 Gratt. 592; Code 1873, ch. 174, l 8.</p> <p>2. Idem&emdash;Application of payments&emdash;Modus et convention&emdash;Where it appears from evidence in the record that payments have been applied in exact accordance with the agreement of the parties, the court will not disturb the application.</p>