Underwood v. McVeigh

Citations

• 23 Va. 409

Syllabus

<p>1. In 1863 proceedings were instituted in the District court of the U. S. at Alexandria, under an act of Congress, to confiscate the real estate of M. Before the condemnation, M appeared hy counsel and filed his answer, which afterwards, on the motion of the attorney for the II. S., was struck out; and the court, not allowing M to appear in the cause, decreed that the property should he sold at auction hy the marshal. This was done, and the property was conveyed by the marshal to the purchaser. Upon appeal hy M to the Supreme court of theU. S., the decree was reversed. And when the case came hack to the District court it was dismissed. In ejectment hy M against the purchaser, to recover the property, Held : The decree having been made in the absence of M, was a nullity, and the deed of the marshal passed no title to the purchaser.</p> <p>2. In proceedings hy attachment against M, judgment is rendered against him, and there is an order for a sale, and a sale and conveyance to the purchasers, of the real estate attached. Held :</p> <p>1. The judgment and conveyance made under the judgment and order, hy the sheriff, divested M of his legal title to the property; unless the said sale was fraudulently made, and the confirmation thereof was procured by fraud; and that the purchaser was privy to such fraud, or had notice of the same, or of such circumstances as would put a prudent bona fide purchaser upon enquiry in respect thereto.</p> <p>2. But if the purchaser combined with others to purchase the property at the attachment sale, at a sacrifice; and if, in pursuance of such combination, they so acted as to prevent conrpetition at said sale, or to prevent the said property realizing a fair value, then such combination and action was fraudulent; and the deed of the sheriff passes no title to the purchaser.</p> <p>3. If evidence offered to he introduced on the trial of a cause is relevant to the issue, it should he admitted. It is for the jury to determine what effect it