Williams v. Blakey

Citations

• 76 Va. 254
• 1882 Va. LEXIS 27

Syllabus

<p>1. Judicial sale.—Purchaser at may be proceeded against by rule where he has failed to pay the purchase-money.</p> <p>2. Idem—Deed—Estoppel.—Commissioner, having been induced to execute deed conveying the property to the purchaser, by the latter’s fraud or wilful misrepresentation, or by misrepresentation upon an honest mistake of fact as to the payment of the purchase-money, purchaser cannot rely on the deed as an estoppel, but may be proceeded against by rule to have the deed annulled and the property subjected to sale.</p> <p>3. Limitations.—Code 1873, ch. 146, § 16, providing that suit to set aside voluntary conveyance must be brought within five years, refers to suits by creditors to annul voluntary conveyances by their debtor to third persons in fraud of such creditors’ rights, and not to suit by commissioner to vacate a deed executed by him upon the ground of fraud or under the misrepresentations of the grantee.</p> <p>•4. Chancery {Practice—Issue.—A court will not award an issue in every ease where the evidence happens to be conflicting, for if the court is satisfied it will not send the ease to a trial at law.</p> <p>■5. Idem:—Idem—General rule.—An issue ought to be directed where the credit and accuracy of the witnesses are impeached, or where the evidence is so clashing as to render it necessary to weigh the character and credibility of the witnesses, or where the evidence is so equally balanced on both sides that it is doubtful which scale preponderates.</p> <p>'6. Case here.—W, in 18S3, at sale made by B, as commissioner under decree of court, purchased house and lot in F, and gave four bonds, each for $720, payable in one, two, three, and four years thereafter. Payment of all but the second bond is admitted. As far back as 1869, W insisted he had paid all, and was entitled to his deed. B insisted that the second was unpaid; but finally, in 1872, executed deed acknowledging receipt of all the purchase money, and conveying the property to W. In 1874,