Mustain v. Pannill's Ex'or
Mustain v. Pannill's Ex'or
Opinion of the Court
delivered the opinion of the court.
This is an appeal from a decree of the circuit court of Pittsylvania county, directing a sale of the land of the appellant. The record is extremely meager, and, in the opinion of the majority of the court, what purports to be copies of the advertisements of renting, being neither set out in the reports of the commissioner appointed to rent out the land, as a part of his
Decree reversed.
Reference
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. Judicial sales—Renting.—Where on commissioner’s report that land will pay the debts within five years, a decree to rent is entered, and ineffectual effort to rent is made at a distance from the land and at an unsuitable season: held, error to decree sale. 2. Record—Part of record.—Where advertisements to rent are not referred to in the special commissioner’s report, or in decree of sale subsequently ordered, they will not, though copied into the record, be considered part thereof on appeal.