Smith v. Wortham's Heirs

Citations

• 82 Va. 937
• 1 S.E. 331
• 1887 Va. LEXIS 163

Syllabus

<p>Judicial Sales—Caveat emptor—Case at bar.—In a partition suit in 1858 land is sold to S., commissioner collects two-thirds of price, and in 1866 reports sale and collections. Sale is confirmed. Collections are ignored. Commissioner is directed to collect the whole. He never does it. In 1870 a creditor’s suit, to which the heirs are not parties, is brought to enforce liens against purchaser. Bill alleges that S. bought the land in the partition suit, and that the vendor’s lien for the balance has priority, and prays that the two suits be consolidated. Before the consolidation the vendor’s lien is ascertained, and saléis ordered to pay it, and was made to E., who failing to pay, a resale was ordered and made in 1876 to Smith, who, at an advance, sold the land to Swisher. The latter, after paying part, stopped paying, because of a question as to his title, and deposited the money in court. In 1883, after the consolidation, it was decreed that unless the vendor’s lien in favor of the heirs was satisfied within four months, the land in the hands of Smith, or his vendee Swisher, should be sold to satisfy it. From this decree Smith appealed.</p> <p>Held:</p> <p>Swisher stands in Smith’s shoes, and unless he is forced to pay more than the purchase money, he cannot complain. In this State the maxim, caveat emptor strictly applies to all judicial sales. The court undertakes to sell only the title, such as it is, of the parties to the suit, and it is the duty of the purchaser to ascertain for himself whether the title of those parties may not be impeached or superseded by some other and paramount title. Long v. Weller, 29 Gratt. 357.</p>