The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-03-06
81. ..a.Isl. [For the Dlspatch.Io a.. .a.-.
Sales of Land to Pay Judgments In
Virginia, Ohio, and Massachuse it's.

To the Members Of the Legislature
!. Gentlemen, Now that you have prolong-
ed your session, let me beg you, not to adj.
journ until you have projected the lands and
homes of your constituents from the ruinous
sacrifices which are every day made of them
by commissioners in chancery. i know no
S ate in the Union which shows so little
regard for the interests OF her landowners
as this grand old Commonwealth Of Virginia,
so lust, and noble, and magnanimous in all
things else. Unlike all the other States,
Virginia has no law TO prevent the utter
sacrifice Of land under forced sale by order
of court. The lawyers tell me that innde.
quacy Of price is no ground for setting aside
a sale here in Virginia, unless the sacrifice
is so gross as to imply fraud on the part OF
the commissioners. We have, it is true, law
Incurred prior to the 10Th Of April, 1865,
value at their first or second Offering at auc'
tiOn. After that they can be knocked down
and sold at any price. This act applies only
in those cases. A Shylock, who wants his
neighbours land for song, has only to wait
until it is put up the third time and then bid
his own price. In Ohio and all the western
States it is otherwise. There an execution
issues on judgment commanding the
sheriff, if he cannot find personal property
to satisfy it, to levy it on the lands and ten
ements Of the defendant. If the officer levy
on land he Is then required to appoint three
diSinterested freeholders, who view the
property and appraise it on oath, making
return in writing to the officer, who, after
advertising the land for thirty days, sells it
at auction to the highest bidder, prouided
the land brings too thirds of its appraised
va!ue. If the bids fall short of this it is not
knocked down. After having been of.
fered twice it may be reGppraised,
but it cannot be knocked down unless
it brings two thirds of the appraised valua.
ton. Landowners are thus protected,
as they are not protected In Virginia, against
the ruinous sacrifice of their property. Such
advertisements as frequently disgrace the
Of. Virginia never appear ia
the Ohio newspapers. I alude to such
notices as the following, which actually ap-
peared in one Of our Virginia papers, by
in chancery: ~.
posrPoNEMENT.
"The sale of the above property is post
poned to December IA, when the land will
be knocked down, on the premises, to the
highest bidder, WITHOUT REGARD TO PRICE,"
FOL And it was Knocked down for one. tenth Of
its assessed value
In Ohio the sale is reported by the officer
to the court, and if not set aside for good
cause Is confirmed, as matter of course.
The same proceedings take place when
mortgage is torecosed by decree Of court.
An eminent lawyer of Cleveland, Ohio,
&C. G. Baldwin, E:q.,) writes me that this
law gives such perfect satisfaction both to
creditors and debtors that in large practice
of eighteen years ne has never, heard an OBJ.
lection to it. Why can't we have similar
law'in Virginia? Virginia and West Wiz.
ginia are the only States in the Union in
which a chancery proceeding is necessary to
enforce a Judgment. In all the others land is
sold under a f. ia. after appraisement, to
prevent sacrifice. ----~--~
. In Massachusetts the land is appraised by
three disinterested persons-ore chosen by
the creditor, one by the debtor, and the
other by these two. It is then, if the credi-
tor chooses, delivered to him In actual pos.
session at the assessed price, the debtor re-
tanning an equity Of redemption for yesr
by paying Interest and costs. If he redeems
the land the creditor accounts for! renIs and
damages. Senator Withers writes me from
Washington "that the senators from that
State (Massac husetts} say that the law works
very well and no complaint Is made of wrong
or hardship arising under its operation. l
am inclined to think" Senator WHhersadds,
!" that it is an improvement on QUE system"
II lands were sold in Virginia on credit
Of one, two, and three years under il: Jd..
as they are sold In Ohio. for cash, a vast deal
of costs and litigation would be saved; lard
would bring something like its value; AL
our lands would appreciate. in the market;
millions would be added co their market
value; and thousands Of worthy men and
useful citizens would be snatched from inn
pending!ruin! Maayfpersons. are NOW pee,
vented from bidding for land because the
enormous costs sof suit and sale mtist be
planked down in, cash., In many cases these
Costs range from six to- fifty per cent Of the
gross proceeds or the sdle. The 1sRSsgs eat
the oyster and their clients get the shells.
AS an illustration of the practical working
Of the Ohio and the Virginia process for en-