Ware v. Starkey

Citations

• 80 Va. 191
• 1885 Va. LEXIS 56

Syllabus

<p>1. Sales — Judicial—Private.—After decree in pending suit, to sell land to pay debts, debtor sells the land by written contract, undertaking to make vendee “sufficient title,” takes for the purchase-money vendee’s bonds payable to commissioners named in the decree, and a trust-deed on the land to secure them. The sale is confirmed by the court, and its receiver ordered to collect the bonds when due, and apply proceeds to the debts. Such sale is not a judicial, but a private sale. Christian v. Cabell, 22 Gratt. 82.</p> <p>2. Practice in Chancery — Reports.—Master in his report must not go beyond the matters referred to him, and his report is a nullity so far as it relates to matters not referred to him. Therefore, when master gratuitously reports that certain bonds bear interest only from maturity, and there is no confirmation of so much of the report as relates to such gratuitous matter, the parties are not prejudiced thereby.</p> <p>8. Contracts — Construction—Interest.—Contract of sale, dated August 26th, 1873, says the bonds for the purchase-money are “to bear interest from this date.” The trust-deed describes the bonds as “dated September 10th, 1873, with six per cent, interest from August 26th, 1873.” The bonds say, “ with six per cent, interest from date above, ” when there is no “ date above,” except the date of the maturity of the bond. Receiver collected the bonds with interest only from their maturity.</p> <p>Held :</p> <p>The bonds bear interest from the date of the contract, August 26th, 1873, till paid.</p> <p>4. Practice in Chancery — Enforcing trust-deeds — Correcting mistake.— Debtor having sold the land as above stated, the master having reported as aforesaid, and the receiver having collected the bonds with no interest until after their maturity, it was competent for that debtor to bring his bill to enforce the trust-deed, or to reform any mistake in any part of the said writings, in order to collect the unpaid interest.</p> <p>5. Purchaser with