Patterson v. Eakin
Supreme Court of Virginia
Appeal from a decree of the circuit court of Botetourt county, rendered 26th May, 1890, in a chancery suit wherein J. P. Spessard was complainant and the personal representative and widow and heirs of W. E. Eakin, deceased, were defendants; and a chancery suit wherein J. H. H. Figgat was complainant against the same defendants, which suits were consolidated and heard together.
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Appeal from a decree of the circuit court of Botetourt county, rendered 26th May, 1890, in a chancery suit wherein J. P. Spessard was complainant and the personal representative and widow and heirs of W. E. Eakin, deceased, were defendants; and a chancery suit wherein J. H. H. Figgat was complainant against the same defendants, which suits were consolidated and heard together. This case, so far as it is necessary to be stated, is as follows: In 1878, William E. Eakin, late’ of Botetourt county, died seized and possessed of a lot of land, upon which was a storehouse, in the town of Fincastle,…
1Opinion of the Court
Lewis, P.
(after stating the case), delivered the opinion of the court.
1. Section 3426 of the Code, under which the proceeding to-confirm the sale was had, enacts as follows: “On the paotion of any party to a chancery cause pending in a circuit court,, on reasonable notice to the adverse party or his counsel, the-judge of such court may, in vacation, make any interlocutory decree or order, or direct any proceeding therein preparatory to the hearing of the cause on the merits; and may also, after like notice to the adverse party or his counsel, and to the purchaser, make an order confirming or…
2Cases cited5 opinions
- Stephenson v. TavernersSupreme Court of Virginia · 1852
- Va. Fire & Marine Ins. v. CottrellSupreme Court of Virginia · 1889
- State v. WardSupreme Court of Iowa · 1888
- Barger v. BucklandSupreme Court of Virginia · 1877
- Beach v. WoodyardWest Virginia Supreme Court · 1872
3Cited by10 opinions
- Bouldin v. TaylorTennessee Supreme Court · 1924
- Benet v. FordSupreme Court of Virginia · 1912
- Castle v. CastleWest Virginia Supreme Court · 1911
- Hill v. PostleySupreme Court of Virginia · 1893
- Grant v. DavisIndiana Court of Appeals · 1892
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