Berlin v. Melhorn
Supreme Court of Virginia
This is an appeal from a decree of the circuit court of Rockingham county, rendered on the 2d day of July, 1880, in a chancery cause in which C. J. Ergenbright was complainant, and Jacob Ammon’s administrator and others were defendants.
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This is an appeal from a decree of the circuit court of Rockingham county, rendered on the 2d day of July, 1880, in a chancery cause in which C. J. Ergenbright was complainant, and Jacob Ammon’s administrator and others were defendants. In October, 1870, Christena J. Ergenbright instituted a chancery suit in the circuit court of Rockingham county against the administrator and heirs , of Jacob Ammon, deceased, to recover a sum of money alleged to be due from him as her late guardian. On the 23d of November, 1876, a decree was entered directing certain real estate of the said decedent to be…
1Opinion of the CourtBurks, J.
This is a contest between successive purchasers of the same land under decrees of court.
Upon default by Melhorn, the first purchaser, the land was ordered to be resold, and at the offering Berlin was the best bidder. The commissioner conducting the sale made report of the fact to the court, and the court confirmed the report. Afterwards and during the term at which the order of confirmation was made, Melhorn offered an advance on *641Berlin’s purchase; and thereupon the court, without assigning any reason, by its decree set aside the order of confirmation, and directed the land to be again…
2Cases cited3 opinions
- Daniel v. LeitchSupreme Court of Virginia · 1856
- Clarkson v. ReadSupreme Court of Virginia · 1859
- Roudabush v. MillerSupreme Court of Virginia · 1879
3Cited by33 opinions
- Morrison v. BurnetteCourt of Appeals for the Eighth Circuit · 1907
- Alexander v. AlexanderSupreme Court of Virginia · 1888
- Moore v. TriplettSupreme Court of Virginia · 1899
- Va. Fire & Marine Ins. v. CottrellSupreme Court of Virginia · 1889
- Todd v. Gallego Mills Manufacturing Co.Supreme Court of Virginia · 1888
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