Sinnett. v. R. K. Cralle's Adm'r

• Decision Date: 31 January 1871
• Parties: A. P. Sinnett et al. v. R. K. Cralle's adm'r et al,
• Court: West Virginia Supreme Court

4 W.Va. 600

A. P. Sinnett et al.

v.R. K. Cralle's adm'r et al,

Supreme Court of Appeals of West Virginia.

January Term, 1871.

1. It is error to decree the sale of the whole of a tract of land subject to the widow's dower, when it appears that there is a vendor's lien on a one-twelfth interest thereof. The one-twelfth interest should have been sold free from dower.

2. A case in which a sale under a decree should have been set aside, because of great inadequacy of price.

3. The provision of section 8 of chapter 132 of the Code of West Virginia, does not refer to an order made confirming a sale under a decree, but to the decree or order under which the sale was made; and hence the purchaser in the case at bar cannot be protected, the decree for sale being erroneous.

4. W. files a bill to enforce judgment lien against C. The bill alleges that after the judgment was rendered, C. obtained an injunction against the judgment, giving CI. and T. as sureties in the injunction bond. That the injunction was dissolved and the bill dismissed. The bill seeks the sale of the real estate of C. only. Held:

That a personal decree against CI. for a balance of the judgment, after exhausting the estate of C, would be proper. When a court of equity once gets control of a case, it should not stop until all the rights of all the parties are settled. But a decree for the sale of the real estate of CI. is erroneous under the bill of W.

Samuel J. Wyatt filed a bill in the circuit court of Greenbrier county, at July rules, 1866, to enforce a judgment lien against the estate of one R. K. Cralle. The judgment had beeen obtained in 1859. The bill represented that Cralle had obtained an injunction against the judgment shortly after its rendition, which had been dissolved, and the bill dismissed in 1861. John B. Cabell and Samuel S. Thompson were sureties in the injunction bond. It alleged that Cralle died seized of a large body of land, composed of several tracts.

In November, 1866, A. P. Sinnett and wife also filed a bill against the estate of Cralle to enforce a vendor's lien, amounting to 750 dollars, and interest from 1855, against a certain one-twelfth interest in land known as the "Buster tract."

The causes were heard together, and in April, 1867, a decree was entered, assigning dower to the widow of Cralle in " the lands of which her husband died seized," and commissioners were appointed accordingly.

In November, 1867, the report of the commissioners who had assigned dower was confirmed, and a commissioner was appointed to sell the lands of Cralle," the sale of the dower lands shall be subject to the dower right of the widow of said Cralle."

The decree further provided that one-twelfth part of the proceeds of the Buster land should be applied to the payment of the debt of Sinnett; and contained other provisions for the payment of judgment liens, &c.

The commissioner reported that he had sold the lands in lots, (as he was authorized to do by the decree of sale), and that the aggregate of the sales amounted to 2, 520 dollars. The Buster tract sold for 2, 100 dollars, in addition to the above, and was sold subject to the widow's dower. The aggregate number of acres, exclusive of the Buster tract, was 1, 708.

Exceptions were taken to the report on grounds of great inadequacy of price, but the report was received, and subsequently the sale was confirmed. On the question of inadequacy of price the affidavits of ten persons were filed, who believed the land to be worth from 10 to 15, 000 dollars. Four other persons believed the land sold for its value, At the October term, 1869, a decree was entered against...