Barr v. White
Supreme Court of Virginia
In January, 1872, Samuel W. Cecil, suing for the benefit of James S. Witten, instituted a suit in equity in the county court of Russell county, to subject the land of John G. Duff to satisfy a judgment for $199.80, with interest from the 20th of April, 1860, and $6.96 costs, which said Cecil had recovered against said Duff in the county court of Tazewell county in August. 1860. The bill, after setting out the judgment, stated that an execution of fieri facias had been sued…
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In January, 1872, Samuel W. Cecil, suing for the benefit of James S. Witten, instituted a suit in equity in the county court of Russell county, to subject the land of John G. Duff to satisfy a judgment for $199.80, with interest from the 20th of April, 1860, and $6.96 costs, which said Cecil had recovered against said Duff in the county court of Tazewell county in August. 1860. The bill, after setting out the judgment, stated that an execution of fieri facias had been sued out upon it, which went into the hands of the sheriff and was levied on certain property, and upon which the sheriff…
1Opinion of the Court
STAPLES, J.,
delivered the- opinion of the court.
The appellee, White, purchased the land in controversy under a decree of the county court of Russell. He complied with the terms of sale bv making the cash payment and executing his bonds for the deferred installments, *and there is every reason to believe he would have paid them off at maturity but for the obstacles interposed hv third persons. The sale was reported to the court by the commissioner, and was regularly confirmed without objection. The question now arises, whether there was any such irregularity in the sale or in the proceedings…
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