Roberts v. Roberts
Supreme Court of Virginia
This was a bill filed in the Circuit court of Nelson county by John T. Roberts in his own right and as executor of John M. Roberts, against the other heirs of John M. Roberts, for the sale of a tract of land which was undisposed of by the will of his testator. The court made a decree appointing the plaintiff a commissioner to sell the land, which consisted of a tract of mountain land of about one thousand acres.
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This was a bill filed in the Circuit court of Nelson county by John T. Roberts in his own right and as executor of John M. Roberts, against the other heirs of John M. Roberts, for the sale of a tract of land which was undisposed of by the will of his testator. The court made a decree appointing the plaintiff a commissioner to sell the land, which consisted of a tract of mountain land of about one thousand acres. The commissioner subsequently reported that he had offered the land for sale on the 3d day of December 1852, when it was purchased by Ann T. Roberts at the price of two dollars and…
1Opinion of the CourtSamuels, J.
It is the right of every party concerned in interest in property, when about to be sold at public auction, to have it offered for sale under such circumstances as afford an opportunity for fair competition amongst all who may be disposed to buy. Doubts about the identity or title of the subject to be «old may prevent prudent men from offering to buy, *641and are therefore enough to justify any one charged with the duty of making a sale, in postponing the sale until such doubts may be removed and the danger of sacrifice be avoided. See Rossett v. Fisher, 11 Gratt. 492; Goare v. Beuhring, 6 Leigh…
2Cases cited2 opinions
- Rossett v. FisherSupreme Court of Virginia · 1854
- Fairfax v. Muse's ExecutorsSupreme Court of Virginia · 1814
3Cited by10 opinions
- Kable v. MitchellWest Virginia Supreme Court · 1876
- Joseph Davis, Cory & Co. v. Chicago Dock Co.Illinois Supreme Court · 1889
- Parsons v. SniderWest Virginia Supreme Court · 1896
- Kauffman & Runge v. MorrissTexas Supreme Court · 1883
- Haunson v. NelmsSupreme Court of Georgia · 1900
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