Myers v. Nelson
Supreme Court of Virginia
In 1858 a suit in equity was instituted in the Circuit court of Augusta, by Nelson’s widow and others against Nelson’s infant heirs, for the sale of a tract of land in which they were the joint owners; and a decree was made in the cause appointing a commissioner to make the sale. In February 1859 a private sale of the land was made to Jacob Myers by one of the adult parties, and this sale was reported to the court by the commissioner, and was confirmed.
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In 1858 a suit in equity was instituted in the Circuit court of Augusta, by Nelson’s widow and others against Nelson’s infant heirs, for the sale of a tract of land in which they were the joint owners; and a decree was made in the cause appointing a commissioner to make the sale. In February 1859 a private sale of the land was made to Jacob Myers by one of the adult parties, and this sale was reported to the court by the commissioner, and was confirmed. And the commis-. sioner declining to act further, two of the adult parties were appointed commissioners, and directed to carry , . out the…
1Opinion of the CourtAnderson, J.
Appellant’s bond for $3,486.79J, executed to A. L. Nelson and William J. Nelson, commissioners, bearing date February 29, 1860, fell due the 1st of April 1863. It was executed for the last instalment on a tract of land which was sold to appellant on the 29th of February 1859, under a decree of the Circuit court of Augusta county, in the cause of Nelson’s guardian, against Nelson’s infants, and which was confirmed at the June term 1859. The appellant paid $2,000 on this bond on the 10th of April 1863. And, in the month of June following, presented a petition to the Hon. Lucas P. Thompson,…
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