Pulliam v. Tompkins
| Decision Date | 04 July 1901 |
| Citation | 99 Va. 602,39 S.E. 221 |
| Parties | PULLIAM et al. v. TOMPKINS. |
| Court | Virginia Supreme Court |
JUDICIAL SALES—PAYMENT TO COMMISSIONER —LIABILITIES OF PURCHASER.
Defendants purchased land at a sale by special commissioners pursuant to an advertised notice, to which was appended a certificate of the clerk of court that they had given the proper bond. One of the commissioners was subsequently appointed receiver to collect the proceeds of sales, rents, etc., on giving a specified bond. Defendants, without notice of such appointment, paid the price to such receiver, who failed to account therefor, or to give the receiver's bond. Held, under Acts 1883-84, p. 213, providing that when any special commissioner authorized to sell land shall publish with the notice of sale a certificate of the clerk of court that he has given the bond required, a purchaser shall be relieved from all liability for the purchase money paid to such commissioner, unless another person has been appointed to receive the same, of which the purchaser has due notice, defendants were not affected by the receiver's failure, since they paid to him as a commissioner who made the sale.
Appeal from circuit court, Montgomery county.
Action by one Tompkins, receiver, etc., against D. B. Pulliam and others. From a judgment for plaintiff, defendants appeal. Reversed.
Scott & Staples and W. W. Moffett, for appellants.
M H. Tompkins, for appellee.
In the case of Ellen T. Northcross against William H. Davis' heirs, pending in the circuit court of Montgomery county, a decree was entered at the May term, 1884, appointing George G. Junkin and James C. Taylor commissioners to sell certain real estate, providing that they, or either of them, should, before proceeding to act thereunder, execute a bond in the penalty of $500, conditioned as the law directs. In pursuance of this decree the commissioners executed jointly the bond required, and advertised the several parcels of land to be sold at public auction August 23, 1884. Appended to the advertisement was the following certificate:
In accordance with the advertisement, the lands were sold on the day named, and at the November term, 1884, the sales were confirmed without exception, and George G. Junkin was appointed special receiver, with bond in the penalty of $10,000, and charged with the duty of collecting all rent and sale bonds due in the case from purchasers or tenants. Among the sales thus made and confirmed was 70% acres to John W. Barnett at $15 per acre, who made his cash payment, and executed his bonds for three deferred installments at one, two, and three years. At the May term, 1887, a decree was entered recognizing D. B. Pulliam as substituted purchaser for the 70% acres, and directing George G. Junkin, as commissioner of the court, to unite with John W. Barnett and wife in a deed to D. B. Pulliam. In pursuance of this decree, the commissioner and Barnett and wife conveyed the land to...
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Stowe v. Rison
...any cause, the loss would fall upon the parties entitled to receive the money and not upon the purchasers of the land. Pulliam v. Tompkins, 99 Va. 602, 39 S. E. 221; 2 Barton Ohy. 1092. Every question sought to be litigated by the bill had been decided, and the whole object of the litigatio......
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Johnson v. Merritt
...any cause, the loss would fall upon the parties entitled to receive the money and not upon the purchasers of the land. Pulliam v. Tompkins, 99 Va. 602, 39 S. E. 221; 2 Barton, Chy. 1092. Every question sought to be litigated by the bill had been decided, and the whole object of the litigati......
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Stowe v. Rison
...from any cause, the loss would fall upon the parties entitled to receive the money and not upon the purchasers of the land. Pulliam Tompkins, 99 Va. 602, 39 S.E. 221; 2 Barton Chy. 1092. Every question sought to be litigated by the bill had been decided, and the whole object of the litigati......
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