Hess v. Rader
Supreme Court of Virginia
In a cause pending in the Circuit court of Augusta county, in which the committee of Sarah Kratzer, a person of unsound mind, and Elizabeth Kratzer, were plaintiffs, and the said Sarah Kratzer, by her guardian ad litem was defendant, a decree was made on the 18th of June 1859, by which E. T. H. Warren was appointed a special commissioner to sell a tract of land, one-half of which Sarah Kratzer had a life estate, and Elizabeth Kratzer was entitled to one-half at once, and to…
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In a cause pending in the Circuit court of Augusta county, in which the committee of Sarah Kratzer, a person of unsound mind, and Elizabeth Kratzer, were plaintiffs, and the said Sarah Kratzer, by her guardian ad litem was defendant, a decree was made on the 18th of June 1859, by which E. T. H. Warren was appointed a special commissioner to sell a tract of land, one-half of which Sarah Kratzer had a life estate, and Elizabeth Kratzer was entitled to one-half at once, and to the whole on the death of the said Sarah. And the decree provided, that the said special commissioner was not to act…
1Opinion of the CourtChristian, J.
The court is of opinion, that the sale made to Hess and Miller was a judicial sale, being made under a decree of the Circuit court of Augusta, entered in June 1859. It is true it was not made at public auction, but it was made by a party who had been appointed commissioner of the court; was reported to said court and confirmed as a sale made by the court. It was none the less a judicial sale because made privately, and not at public auction. In either event it only becomes a sale at all, when confirmed by the court. It is the confirmation by the court, and not the biddings or propositions to…
2Cited by17 opinions
- Lamar's Ex'or v. HaleSupreme Court of Virginia · 1884
- McAllister v. BodkinSupreme Court of Virginia · 1882
- Donahue v. FacklerWest Virginia Supreme Court · 1882
- Tyler v. TomsSupreme Court of Virginia · 1880
- Whitehead v. BradleySupreme Court of Virginia · 1891
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