Hansucker v. Walker
Supreme Court of Virginia
Appeal from decree of circuit court of Clarke county, in suit of Baker & Bros. v. Pliilip Hansucker et als., to sell land to satisfy judgment and trust liens. Three joint trustees were substituted for the original sole trustee, and decreed to make sale, without giving the debtor a day for redemption. Two of them made and reported the sale. Han-sucker and Baker & Bros, excepted to confirmation of sale, because of the inadequacy of the price.
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Appeal from decree of circuit court of Clarke county, in suit of Baker & Bros. v. Pliilip Hansucker et als., to sell land to satisfy judgment and trust liens. Three joint trustees were substituted for the original sole trustee, and decreed to make sale, without giving the debtor a day for redemption. Two of them made and reported the sale. Han-sucker and Baker & Bros, excepted to confirmation of sale, because of the inadequacy of the price. The circuit court overruled the exceptions, and confirmed sale by its decree on 27th January, 1882, and- Hansucker and Baker & Bros, appealed. The facts…
1Opinion of the CourtStaples, J.
The court is of opinion that the sale of the land in the bill and proceedings mentioned ought to be set aside and a resale ordered. The commissioners, in their report of the sale, say the sale is believed to be much below its value. The commissioner in chancery, to whom the matter of taking the accounts was referred, reports the land as worth $4.50 more per acre than the price for which it was sold, making a difference of more than $800. In an affidavit given by three of the adjoining land-holders, it is stated that the tract is worth $32.50 per acre, which is $12 in excess of the price it…
2Cited by8 opinions
- Moore v. TriplettSupreme Court of Virginia · 1899
- Trotman v. TrotmanSupreme Court of Virginia · 1927
- Dunn v. SilkSupreme Court of Virginia · 1930
- Coles' Heirs v. Coles' Ex'orSupreme Court of Virginia · 1887
- G. Ober & Sons Co. v. Wm. G. Smith, Inc.Supreme Court of Virginia · 1918
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