Coles' Heirs v. Coles' Ex'or
Supreme Court of Virginia
rejected. Appeal from decree of circuit court of Roanoke county,, rendered sixth October, 1886, in the cause of Coles’ Execu- tor against Coles’ Heirs. The decree rejected the upset bid of Cuthbert Powell, overruled his objections to the sale of the land to J. C. Terry and J. M. Terry at $3,810 as- a grossly inadequate price, and confirmed said sale; and said Powell and L. C. Powell, his wife, and Mrs. E. D. Withers obtained an appeal and supersedeas. Opinion states the case.
1Opinion of the CourtHinton, J.
This is the sequel of the case of Terry v. Coles’ Ex’or et als., reported in 80 Va. R. 695.
On the former appeal the two questions decided by *526court were : first, that tfie sale which, the circuit court had refused to confirm., having been made by a court of competent jurisdiction in a pending suit, although the court’s agent was the executor, was a judicial sale ; and, second, that the court had exercised a sound legal discretion in refusing to confirm that sale, which was in other respects fair, because $6,000, the sum bid, was proven to be grossly inadequate.
When the case went back, the same…
2Cases cited3 opinions
- Berlin v. MelhornSupreme Court of Virginia · 1881
- Roudabush v. MillerSupreme Court of Virginia · 1879
- Hansucker v. WalkerSupreme Court of Virginia · 1882
3Cited by12 opinions
- Todd v. Gallego Mills Manufacturing Co.Supreme Court of Virginia · 1888
- Dunn v. SilkSupreme Court of Virginia · 1930
- Eakin v. EakinWest Virginia Supreme Court · 1919
- State v. HatfieldWest Virginia Supreme Court · 1951
- Shultz v. HughsonSupreme Court of Virginia · 1922
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