Lee v. Swepson
Supreme Court of Virginia
In suit of Swepson, Survivor, &c. v. Turpin’s Ex’x, &c., in circuit court of Mecklenburg county, decree was entered to sell real estate of E. H. Turpin, deceased. Alexander Sydnor, commissioner, made tbe sale, and received one-third of tbe purchase money without having given the bond required by law and by the decree. Sale reported and confirmed, and commissioner directed to pay out of funds reported in his hands debts to R. R. Swepson and others named in the decree.
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In suit of Swepson, Survivor, &c. v. Turpin’s Ex’x, &c., in circuit court of Mecklenburg county, decree was entered to sell real estate of E. H. Turpin, deceased. Alexander Sydnor, commissioner, made tbe sale, and received one-third of tbe purchase money without having given the bond required by law and by the decree. Sale reported and confirmed, and commissioner directed to pay out of funds reported in his hands debts to R. R. Swepson and others named in the decree. Commissioner did not pay, but became insolvent. Decree docketed. Five days after Sydnor conveyed Ms land in trust to secure his…
1Opinion of the CourtStaples, J.
It is not necessary to recite all the proceedings in the-court below which led to the present controversy. It is sufficient to say that under decrees of the circuit court of Mecklenburg county the real estate of E. H. Turpin, dec’d, was sold to satisfy the claims of creditors. At one of these sales, made in the year 1875, William J. Hawkins became the purchaser at the price of $2,536.83, of which he paid in cash one-third to Alexander Sydnor, the commissioner, and executed his two bonds for the deferred instalments. At the time of this sale and payment Sydnor had not given any bond for the…
2Cited by17 opinions
- Adams v. YoungMassachusetts Supreme Judicial Court · 1909
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Rickard v. SchleyWest Virginia Supreme Court · 1886
- Gay v. SkeenWest Virginia Supreme Court · 1892
- Peery's Administrator v. ElliottSupreme Court of Virginia · 1903
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