Whitehead v. Bradley
Supreme Court of Virginia
Appeal from a decree of the circuit court of Henrico county, rendered on the 12th of July, 1889, in a suit in equity wherein William Bradley was plaintiff, and Ellen Briggs and others were defendants, commenced in the circuit court of Chesterfield in 1874, and afterwards removed to the first-mentioned court.
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Appeal from a decree of the circuit court of Henrico county, rendered on the 12th of July, 1889, in a suit in equity wherein William Bradley was plaintiff, and Ellen Briggs and others were defendants, commenced in the circuit court of Chesterfield in 1874, and afterwards removed to the first-mentioned court. The bill was filed by Bradley, as guardian of his three infant children, alleging that they were seized in fee of certain real estate situate in Manchester, the income from which was inadequate for their maintenance and education; that their interests would be promoted by a sale of the…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
1. It is clear, upon well settled principles, that payment of the purchase-money to Commissioner Brooks was invalid. This court has repeatedly held that an unbonded commissioner, qua commissioner, has no authority to collect the purchase-money for property which he is directed to sell, and that payment to such a commissioner does not discharge the purchaser. In the present case not only did the decree of sale provide that no money under it should be collected by the commissioners, or either of them, without first giving bond, but the statute itself…
2Cases cited5 opinions
- Rawlings' Ex'or v. RawlingsSupreme Court of Virginia · 1880
- Hess v. RaderSupreme Court of Virginia · 1875
- Lee v. SwepsonSupreme Court of Virginia · 1882
- Tyler v. TomsSupreme Court of Virginia · 1880
- Gayle v. Hayes' Adm'rSupreme Court of Virginia · 1884
3Cited by9 opinions
- Coleman v. Virginia Stave & Heading Co.Supreme Court of Virginia · 1911
- Brenham v. SmithSupreme Court of Virginia · 1916
- Hess v. HessSupreme Court of Virginia · 1908
- Gee v. McCormickSupreme Court of Virginia · 1925
- Mize v. Pennington Gap Bank, Inc.Supreme Court of Virginia · 1933
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