Shirley v. Rice

Citations

• 79 Va. 442
• 1884 Va. LEXIS 100

Syllabus

<p>1. Equity Jurisdiction and Relief—Mistake.—Though a court of equity will correct a mistake in an agreement for the sale or purchase of real estate, yet the existence of the mistake must be clearly established, else the court will decline to interfere. Mauzy v. Sellars, 26 Gratt. 641; Watson v. Hoy, 28 Gratt. 698; Yost v. Mallicote, 77 Va. 610.</p> <p>2. Contracts—Parol Evidence.—Whenever a contract has once been reduced to writing, parol evidence of prior or contemporaneous oral statements by the parties, varying the contract as written, is inadmissible.</p> <p>3. Judicial Sales—Purchaser—Estoppel.—A purchaser at a judicial sale becomes a quasi party to the suit. If he stands silent and suffers to be confirmed without objection, the sale to himself, and also a sale to another, and makes no complaint until the land last referred to has been conveyed for value to a third party, he is not entitled to be heard asking for the correction of an alleged-mistake; certainly he would be estopped quoad such third party.</p> <p>4. Practice in Chancery—Report of Sale—Addendum.—Where sale is reported by three commissioners and one of them makes and signs an addendum to their report, such addendum is no part of the report nor of the record; and vendee from purchaser at said sale, though notified of the suit and its proceedings, is unaffected by anything in such addendum.</p> <p>5. Idem—Case at Bar.—Decree prescribes sale in parcels, but no reservations of rights of way in favor of one parcel over another. Sale is so advertised. But auctioneer proclaims such reservation. R. buys one parcel; S. another, expecting right of way over R’s parcel. Three commissioners file report in 1879, incorporating memoranda, signed by R. and S., respectively, of the terms of their purchases. The report and memoranda alluded not to any such right of way. Sale is confirmed. One of the commissioners is directed to convey the land. He conveys the lands to R. and to S. without reserving to S. any such r