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· 10/16/1882

Wright v. Strother

Citations

  • 76 Va. 857
  • 1882 Va. LEXIS 87

Syllabus

<p>1. CHANCERY Practice—Interlocutory decrees—Rehearing.—A decree is-not final, but interlocutory, whicli leaves anything to be done to afford completely the relief contemplated, and such a decree may always, in a pending cause, on a rehearing, be altered at the sound discretion of the chancellor, however great the lapse of time.</p> <p>2. Idem—Cotenants—Partition.—Where some of the cotenants have sold their undivided interest in lands and reserved liens for the unpaid purchase money, the existence of these liens on the undivided shares does-not, per se, prevent the divisiou of the common property among the owners. The liens will be considered as attaching to the parcels under the partition in severalty.</p> <p>3. Idem—Idem—Rehearing—Reversal.—Where partition has been made among the cotenants, it will not be disturbed at the instance of the lien creditors, unless they show that it is unequal and unfair as respects the security for their debts.</p>

Judges: Burks

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