Strayer v. Long

Citations

• 83 Va. 715
• 3 S.E. 372
• 1887 Va. LEXIS 115

Syllabus

<p>1. Chancery Practice&emdash;Guardian ad litem&emdash;Infants&emdash;Notice.&emdash;In suits affecting the interests of infant parties, it is not sufficient to notify them by publication of the taking of accounts. Notice must be given to their guardian ad litem.</p> <p>2. Idem&emdash;Decree of sale&emdash;Accounts&emdash;Receivers.&emdash;In creditors’ suit it is error to decree sale of debtors’ lands before ascertaining the amount of the debts, and this cannot be done until sums in receiver’s hands, and sums realized by sale under execution of debtors’ personalty, have been ascertained and credited.</p> <p>3. Idem&emdash;Appeal&emdash;Sale after&emdash;Purchasers&emdash;Receivers.&emdash;Where, after appeal allowed, commissioners sell the lands decreed to be sold (sale never confirmed&emdash;decree afterwards annulled), the so-called purchasers take possession, appropriate the -profits, claim to be treated as receivers and allowed the commissions paid in cash and compensation for expenses and services in managing the lands&emdash;</p> <p>Held :</p> <p>They were mere intruders, with no claim to compensation in any way, but are accountable for a fair rental.</p> <p>4. Idem&emdash;Trustees&emdash;Substitutes.&emdash;Under Code 1873, ch. 174, \\ 8, in suit to annul deed of settlement by debtor to trustee for his wife and children, it is the court’s duty, upon the trustee’s death, to appoint a substitute, though section 9 provides that his personal representative shall execute the trust.</p> <p>5. Idem&emdash;Interest&emdash;Agreed rate&emdash;Where debtor lawfully agreed to pay interest at the rate of 10 per centum per annum, the court will compel the payment, though debtor’s lands are placed in receiver’s hands at creditor’s instance.</p> <p>6. Appellate Court&emdash;Circuit court&emdash;Duty of latter&emdash;Circuit courts are bound to obey the decrees of this court in all cases. Where, on appeal, 'this court prescribes the order in which properties must be sold wh