128 Va. 114 | Va. | 1920
delivered the opinion of the court.
This is ah appeal from a decree confirming a commissioner’s report of liens and directing a sale of W. C. D. Rush’s real estate.
The suit was originally instituted by the Dickenson County bank to enforce the payment of two judgments against Rush and his former partner, J. K. Damron. There were other judgments constituting liens against Rush’s estate, as shown by the report of Commissioner Phipps (the first report filed in the cause), but as it appeared that the real estate of Rush and Damron would rent for enough in five years to pay the two judgments upon which the suit was brought, the other lienors agreed to waive their rights for the time being and allow the property to be rented to satisfy the bank judgments. Accordingly Special Commissioner Smith, who was appointed for that purpose, offered the lands of Rush and Damron for rent, and each of these two defendants became the lessees of their respective lands at one-half of the total amount of the two judgments, each of them paying to the commissioner in cash one-fifth of one-half of that total amount, and each paying one-half of the costs. They executed their several notes payable in one, two, three and four years, secured by personal endorsement, for the resi
The cause is here upon numerous assignments of errors. We shall mention and discuss only the more important of those which were specifically argued and insisted upon in the petition for appeal, and in the oral argument.
3. The alleged error, based upon the failure of the report to show the liens as to which Rush was primarily and secondarily liable, respectively, is also without merit. The report in question, along with the previous report and proceedings in the cause, sufficiently embodies this information, and, moreover, the decree complained of does not in any way prejudice the appellant in this respect.
We are of opinion that there is no error in the decree complained of, except as to the ascertainment of the amount of the liens, and that for the error in this respect the decree must be reversed and the cause remanded for further proceedings in conformity with the views herein, expressed.
Reversed.