Va. Fire & Marine Ins. v. Cottrell
Supreme Court of Virginia
Appeal from decree of circuit court of Henrico county, rendered 21st December, 1887, in a suit wherein the Virginia Fire and Marine Insurance Company and another were plaintiffs, and John W. Cottrell was defendant.
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Appeal from decree of circuit court of Henrico county, rendered 21st December, 1887, in a suit wherein the Virginia Fire and Marine Insurance Company and another were plaintiffs, and John W. Cottrell was defendant. The suit, which was removed to that court from the circuit court of Goochland county, was brought for a partition of a certain tract of land, situate in the last-mentioned county, known as “Sycamore Grove,” and of which the plaintiffs and the defendant were seized as tenants in common. The tract contained three hundred and eighty-eight acres, and adjoined another tract of land…
1Opinion of the Court
Lewis, P.
(after stating the case), delivered the opinion of the court.
One of the modes by which a purchaser at a judicial sale may he compelled to complete his purchase is by a rule to show cause why the property should not he re-sold at his risk; and in such a case, when a re-sale is ordered, the former sale is not set aside, but the property is sold as the property of the purchaser. If it brings more than the debt, he is entitled to the surplus; if it brings less, he is held responsible for the deficiency. Clarkson v. Read, 15 Gratt. 288. But a proceeding to rescind a sale which has heen…
2Cases cited10 opinions
- Blossom v. Railroad Co.Supreme Court of the United States · 1866
- Hord's adm'r v. ColbertSupreme Court of Virginia · 1877
- Hickman's Ex'or v. TroutSupreme Court of Virginia · 1887
- Hurt v. JonesSupreme Court of Virginia · 1881
- Berlin v. MelhornSupreme Court of Virginia · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Morrison v. BurnetteCourt of Appeals for the Eighth Circuit · 1907
- In re Burr Mfg. & Supply Co.Court of Appeals for the Second Circuit · 1914
- Hurt Building Inc. v. Atlanta Trust Co.Supreme Court of Georgia · 1935
- Upchurch v. . UpchurchSupreme Court of North Carolina · 1917
- Karn & Hickson v. Rorer Iron Co.Supreme Court of Virginia · 1890
20 more not listed; retrieve them via the Exa API.