Kirk v. Oakey
Supreme Court of Virginia
Appeal from a decree of the Corporation Court of the city of Koanoke. A sale of real estate was made under a decree rendered in the suit of Oakey, Exor., v. Woolwine, and at such sale W. Y. Kirk became the purchaser. He refused to comply with the terms of sale on account of an alleged defect of title. From a decree compelling him to comply, Kirk appeals.
1Opinion of the CourtWhittle, J.
The sole question involved in this appeal is the right of the appellant, W. Y. Kirk, the purchaser of the lot in controversy *68at a judicial sale, before confirmation, to protect Ms title by having alleged holders of outstanding liens upon the property convened and their rights judicially ascertained and determined.
Kirk, having been advised of the 'defects in the title, declined to comply with the terms of sale; whereupon the court awarded a rule against him to show cause why the property should not be resold at his risk.
In answer to the rule he alleged that the title to the property was…
2Cases cited12 opinions
- Watson v. HoySupreme Court of Virginia · 1877
- Berlin v. MelhornSupreme Court of Virginia · 1881
- Flanary v. KaneSupreme Court of Virginia · 1904
- Young's Adm'r v. McClungSupreme Court of Virginia · 1852
- Hickson v. RuckerSupreme Court of Virginia · 1883
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3Cited by2 opinions
- Wyoming Building & Loan Ass'n v. Mills Const. Co.Wyoming Supreme Court · 1928
- Traylor v. AtkinsonSupreme Court of Virginia · 1921