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Rosenbaum v. StClair

Supreme Court of Virginia. Staunton
Sep 9, 1938
171 Va. 265 (Va. 1938)

Opinion

September 9, 1938

Present, All the Justices

Appeal from a decree of the Circuit Court of Wythe county. Hon. Horace Sutherland, judge presiding.

Reversed and remanded.

George P. Young, for the appellants.

H. M. Heuser, for the appellee.


This case is controlled by those of Hardy v. Coley, 114 Va. 570, 77 S.E. 458; Litton v. Flanary, 116 Va. 710, 82 S.E. 692, and a line of like cases, decided by this court. There are no diverse facts here, sufficiently influencing, to take this case from under the principles annunciated in the cases referred to. We adhere to the latter, and, inasmuch as the decree of the trial court is contrary thereto, we reverse its judgment and remand the case for the entry of a decree confirming the sale of the land in the bill and proceedings mentioned, to the appellants, in accordance with the terms of that directing the sale thereof.

Reversed and remanded.


Summaries of

Rosenbaum v. StClair

Supreme Court of Virginia. Staunton
Sep 9, 1938
171 Va. 265 (Va. 1938)
Case details for

Rosenbaum v. StClair

Case Details

Full title:GERTRUDE AND FLOYD ROSENBAUM v. D. A. StCLAIR

Court:Supreme Court of Virginia. Staunton

Date published: Sep 9, 1938

Citations

171 Va. 265 (Va. 1938)
198 S.E. 491