85 Va. 198 | Va. | 1888
delivered the opinion of the court.
•The case, briefly stated, is as follows: On the 3d day of December, 1883, the appellant executed a deed to the appellee,
The first error assigned here is, that this sale being a judicial sale, it was error to decree the same without an account of liens being first taken, or unless it appears that the liens are all set forth in the pleadings or the evidence. Says Mr. Barton (Oh. Pr. 1062): “It has been settled by repeated decisions that it is error to decree a sale of land before taking an account of liens thereon (citing Lipscombe v. Rogers, 20 Gratt. 658, and Draper v. Davis, 14th Otto, 104 U. S. 347), and- their respective priorities (citing Kendrick v. Whitney, 28 Gratt. 646, and Horton v. Bond,
Decree reversed.