Yost v. Poster

Citations

• 80 Va. 855
• 1885 Va. LEXIS 120

Syllabus

<p>1. Chancery Practice — Parlies—Rule.—All persons beneficially interested in object of suit must in general be made parties, so that all questions arising may be fully and finally settled.</p> <p>2. Idem — Sale for purchase money— Terms. — Sale for purchase money will not be decreed where the property remains encumbered for purchase money due from plaintiff, without providing for discharge of such encumbrance. Terms of sale are within court’s discretion, and no complaint against them will be heard without evidence that the price would have been better had the terms been more liberal.</p> <p>3. Idem— Upset-bid. — Where after sale, fairly made for adequate .price, has been confirmed, an upset bid is offered, and the “-ale is set aside upon condition that said bid be made good by a certain time, when the resale should take place upon terms which would not extend the deferred payments beyond the time at which the bonds taken at the previous sale were to become due, and no complaint of said terms was made below, and no proof offered that upset-bidder could have complied with his bid had the terms been more liberal, there is no ground on this account for complaint in the appellate court. Langyher v. Patterson and als. 77 Va. 470.</p> <p>4. Idem — Interlocutory decrees — Costs.—No complaint can be made even by the party substantially prevailing, against non-allowance of costs upon an interlocutory decree, as upon final decree the question of costs can be properly adjusted.</p> <p>5. Idem — Suspension of decree — fudge's delay. — Where, in such case of upset bid and conditional setting aside of sale and suspension of decree of sale to a certain period in order to give upset-bidder opportunity to comply with the conditions of re-sale, he applies to the judge in vacation for an extension of such suspension in order to give time to apply for appeal and supersedeas, and the judge delays acting on such application till after the period within which compliance was permissible,