Whitehead v. Bradley

Citations

• 87 Va. 676
• 13 S.E. 195
• 1891 Va. LEXIS 121

Syllabus

<p>1. Judicial Sales—Payments to unbonded commissioner.—Where purchaser, at sale made under decree of court, pays the purchase-money to sale commissioner who has not given the bond required by law, such payment is invalid, unless certificate of clerk that such bond has been given was published with advertisement of sale. Code 1887, 3397 3399.</p> <p>2. Guardian—Corpus of ward’s estate.—Where sale commissioner paid purchase-money of infants realty sold under decree of court to guardian, and latter expended the principal thereof for ward’s maintenance and education, without previous authority from the court: held, subsequent approval» by the court is too late to give validity either to the expenditure or the payment.</p> <p>3. Resale—Pule to show cause.—After decree approving guardian’s accounts and directing inter alia that certain moneys be deposited in bank, which could be withdrawn only on the order of the court, and how costs’up to date of the decree should be paid : held, not too late for rules against purchasers of infants’ property, sold under decree and purchase-money paid to unbonded commissioner, to show cause why said property should not be resold.</p> <p>4. Appellate Practice—Insolvent guardian.—Where in such case objection was not made in court below that guardian and sureties should first be exhausted before proceeding against purchasers: held, too late to make the objection here. And the more so, as the record shows that the guardian is insolvent. Nor was it necessary to proceed against the commissioner, who received no part of the funds and is not liable.</p> <p>5. Chancery Practice—Resale—Aide—The proper proceeding to obtain the resale in the case here was by rule to show cause against it.</p> <p>6. Idem— Code, $3435— Here the object of the rule is not to set aside the sale or the decree of sale, but to compel the purchasers to comply with their contracts by paying the purchase-money to persons entitled legally to receive it. The case does not come w