Redd v. Dyer

Citations

• 83 Va. 331
• 2 S.E. 283
• 1887 Va. LEXIS 74

Syllabus

<p>1. Chancery Practice-&emdash;Judicial sales&emdash;Caveat emptor.&emdash;The maxim caveat emptor strictly applies to judicial sales. Purchaser’s objections, must, ordinarily, be made before the sale is confirmed. Smith v. Wortham, 82 Va.</p> <p>2. Idem&emdash;Qualification&emdash;Mistake&emdash;Fraud&emdash;Proof.&emdash;But the purchaser is entitled to relief on the ground of after-discovered mutual mistake of material facts, or of fraud, which must be clearly proved. Long v. Weller, 29 Gratt. 347.</p> <p>3. Idem&emdash;Re-sale&emdash;Account of liens&emdash;Objection.&emdash;However erroneous may be a decree to sell land before an account of liens, yet if sale has been so made, and re-sale is decreed for purchaser’s failure to pay, it is too late for latter for first time and in appellate court to make the objection.</p>