153 S.E. 149 | W. Va. | 1930
The commissioner of school lands of Fayette county, in a proceeding under the statute, made sale of certain tracts of lands forfeited for nonpayment of taxes in that county. The question arising on this appeal is whether upset bids may be filed and entertained by the court in suits of this character.
The first proposition of the appellant is that there is no provision made in the law for an upset bid in a sale of land made by a school commissioner. The statute (chapter 105, section 7, Code) provides that such sales "shall be subject to the same rules of chancery practice as other suits in chancery in the state courts of this state, except as herein otherwise provided." There is no provision concerning the filing of upset bids contained in the law, so we may conclude that the same rule would obtain as in ordinary chancery proceedings. Many of the states discountenance the filing of upset bids at judicial sales, but the rule is different in the Virginias. Here the rule is that, where the sale is yet before the court and unconfirmed, if it appears from a tender of a properly secured upset bid to be at an inadequate price, it may be set aside and resale ordered. 35 C. J. 106. The sale is not an absolute one until it is confirmed by the court. It may be set aside, where the facts and circumstances before the court clearly show that such sale was made at a greatly inadequate price.Kable v. Mitchell,
But there is no evidence in the record of a resale of the property. The appellant says in his brief that there was a resale of the property at the bar of the court. The appellee says there was no resale. Had such sale appeared to have been made, we would not have interfered. It is a common practice to sell the property in such manner. But the appellant is here relying on this failure to resell as error. Complaint was also made that the original purchaser was not present in court at the time of the direction of this decree. By being such purchaser, he became a quasi party and is bound by all the decrees subsequently made by the court affecting his rights as such purchaser. Anthony v. Kasey,
Reversed. *105