The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1879-07-31
The Ruling of Judge Bird-sshs Fa cts of
the Case.

|
the Case.
Last week the following notice of pur.
ported ruin. Of Judge Bird OF the Rock
ingham Circuit. was published in the VIR-
GINIAN and credited to the Harrsonburg
Spirit of the Valley. The paragraph had
extensive circulation in the State, as three
or four papers had copied it. and among
them metropolitan journal, from which
we clipped it. We hardly thought that
Judge Bird would give such ruling, know
ing him as we do to be gentleman and
lawyer of great purity of character and le-
gal acumen, but that il such was the case,
the imperfection was in the law, and not in
the Judge. We stated so In substance in
publishing the paragraph, and that a statute
that warranted such a ruling ought to be re-
pealed or modified so as to comport with
honesty and justice.
The following is the paragraph:
AN IMPORTANT DECIsIoN.-Judge Biz I'd
at the last term of the Circuit Court for this
county decided that where Commissioners
make public sale of land and before the
sale is confirmed by the Court, the purchas-
err at such sale makes private sale TO a thi rd
party at an advanced price, where such sale
is confirmed by the Court, the Commission
ers are entitled to commissions on the amount
of the prirate sale made by the purchaser
and are not confined in the matter of COM
missions to the amount realized by them at
the public sale. In the same cause he de-
cided that where decree directs to withdraw
land bonds from cause and collect the
md tn IN ,sfhn
naming him as Commissioner, or requiring
him to give bond and security. and although
he never executes any bond or collects or
pays out any OF the purchase money, he is
entitled to the commissions allowed by law
Commissioner for collecting and paying
out money. Accordingly, where purchas-
err under the above circumstances paid the
whole of the purchase money directly to the
creditor decree was rendered against him
for the commissions allowed for collecting
and paying out money in judicial sales. We
are no lawyer anG know very little about the
mysteries of that learned profession !; but to
PLAIN man this looks very much like taking
money out of one mans pocket and putting
it in that of another without any return
therefor.-Valley Spirit.
We knew nothing of the case which was
the cause of the reported ruling, nor of the
parties to it, nor of the counsel representing
the parties. We only had the paragraph
before us, and we thought it proper to give
it insertion in our columns that those inter
ested and the Judge himself, could make
such correction as was necessary, or if the |
statute was properly interpreted, that the
representatives of the people in the Legisla
ture should take eognizance of it. The OBJ
ject at which we aimed has been accom- |
plislied in the following statement by gen.
tlemen of the legal profession in whom we |
have great confidence, and who is familiar |
with all the facts of the case, which gives DIFF
ferent phase to to the matter, and to it we ask |
the attention OF our readers
ga sale was made by Commissioners of
the Court of certain piece Of property, at
a very low price, to the plaintiff in the
cause the confirmation OF said sale was re-
sisted by surety of the defendant who was
ultimately liable for the deficiency, and
whilst this contest was pending the surety |
agreed to give an advance price for said
property sufficient to cover the debt; there.
upon the Commissioners reported a sale at
this advance price, bonds were given, paya-
Bile to the Commissioners, Tor the amount
agreed to be paid at this advance price, and
the sale recognized and confirmed by de-
and Commissioner appointed by the de-
cree of the Court to withdraw the bonds for
collection. When the first bond became
due it was not paid and the Commissioner.
in his capacity of Receiver, at the instance
Of the creditor, issued rule against the pur-
chaser, and then the purchaser entered into
IN arrangement with the creditor by which
he paid to the creditor the entire amount of
,he purchase money, without having even
rendered the money to the Receiver, who
thought that he had given bond, but that if
ne had not, he was ready to give and would
AVE given bond before receiving any mo-
lies under the decree investing him with
hat authority. K
The question as to allowance of Comm is
toners was submitted and argued upon these
acts, and thereupon Judge Bird decided |
hat the sale was not a prirate sale but s
sale, and that the Commits !
toner's to sell and to collect, were entitled s
o commissions allowed by law to each, and S
hat this right could not be defeated by the
purchaser improperly paying the money to
he creditor instead of to The Commissioner
rho held the bonds, and who was the prop
r party to receive payment OF the purchase ,
aoney." H.
1t is very proper that this explanation =.
lould be given. as the currency given to the
,port of the ruliag OF Judge Bond was not :
My calculated to place hlm in wrong po- !,
ton, but also the Commissioner involHed In ..
le transaction. The opportunity for this
atement, would, in all probability not have
zen presented, but for the publication of =
e report ia the VIRGINIAN, =
1t is expected the outcome of the inquiry
stituted in England as to the cause Of bus
ess depression in that country will be-
inod bu Amarioan Unninc American DrO. u