Teel v. Yancey

Citations

• 23 Va. 691

Syllabus

<p>1. The act of March 5th'1870, commonly called the Enabling Act is a valid act, except the proviso which authorizes the Court of appeals to review the decisions of the Court of appeals under the reconstruction acts; and the District courts of appeal, sitting in December 1869 had jurisdiction to hear and decide the causes then pending therein.</p> <p>2. A judicial sale of land is excepted to, 1st: Because the land was sacrificed; 2d: Because one of the commissioners (o sell was interested in the purchase of one-half of the land. 3d: Because a material advance was offered by a substantial bidder. 4th: Because there was no memorandum. These are valid objections, and the sale was properly set aside.</p> <p>3. It is not a valid objection to a judicial sale of laud, that one of the commissioners was a plaintiff in the suit, in his own right and as administrator, and also had an interest in the land sold, both in his own right and as trustee of another, and as next friend of- the infants.</p> <p>4. In May 1863 there is a decree for the sale of land, and in August 1863, there is a sale by the commissioners, who announce publicly the terms of sale to be, on a credit of one, two and four years; the purchase money to be paid in the currency which may be in use when the respective payments fall due; but with the privilege to the purchaser to pay one-half of the pin-chase money upon the confirmation of the sale by the court. The land, which was worth in gold eighty dollars per acre, sold for one hundred and forty-two dollars per acre; and the sale being confirmed, the purchasers paid one-half the purchase money with Confederate currency, executing their bonds for the other half, which fell due in August 1865 and 1867. They must pay off these bonds in the currency of the United States; that being the currency in use when they fell due.</p>