Va. Fire & Marine Ins. v. Cottrell
Citations
- 85 Va. 857
- 9 S.E. 132
- 1889 Va. LEXIS 95
Syllabus
<p>1. Equitable Jurisdiction and Relief—Judicial sales—Rescission.— After confirmation judicial sale will not be set aside, except for fraud, surprise or other cause for which equity would relieve in case of sale by parties. Berlin v. Melhorn, 75 Va. 639.</p> <p>2. Idem—Increase in value—Case at bar.—Increase in value no ground for rescinding sale.</p> <p>3. Chancery Practice—Fraud—Variance.—Fraud must be distinctly charged; otherwise evidence of it is irrelevant and will be suppressed. Southall v. Farish, ante p. 403.</p> <p>4. Idem—Petition.—Proceedings to rescind a confirmed sale should be by petition setting forth grounds relied on.</p> <p>5. Cases Distinguished.—Bank v. Campbell, 75 Va. 435, compared with . and distinguished from case at bar.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- non-operating lessor of theater has standing to sue for conspiracy to monopolize the exhibition of motion pictures
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Judges: Lewis
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