Stevens v. McCormick

Citations

• 90 Va. 735
• 19 S.E. 742
• 1894 Va. LEXIS 55

Syllabus

<p>1. Paetition — Interests of parties — Sale.—An order for sale of land in partition before ascertaining the interests of the several parties, is premature and erroneous, as they are entitled to know how they stand in order that they may bid intelligently, if they desire to bid at the sale. Horton v. Bond, 28 Gratt., 815.</p> <p>2. Idem — Creditors.—The creditors of the parties interested in the land are not proper parties in a partition suit.</p> <p>3. Idem — Commissioners.—If from the facts in the record it appears that the land cannot be conveniently partitioned, there may be a decree for a sale, but it is not necessary that these facts shall appear from report of commissioners. Zirkle v. McCue, 26 Gratt., 532.</p> <p>4. Appeal — Decree of sale. — Decree for sale of land in partition suit, though interlocutory, is appealable under Code, § 3454, as it requires change of title and possession, especially where it settles the principles of the cause.</p>