APPEAL from the District Court for Western Virginia.
Slater filed a bill in that court to compel one Maxwell to release whatever apparent right he, Maxwell, might have acquired to a large tract of land (19,944 acres) in Virginia, under a sale of the same, made in October, 1845, by the sheriff of Ritchie County, for taxes amounting to $30.03, accrued for 1841-2-3-4, and the deeds executed upon such sale.
The grounds of relief set forth and relied on were—
1. That the sale had been made at a grossly inadequate price; the land having been worth $6000, and the sale having been made to the defendant for $30.03.
2. That, although the land was composed of parts, capable of being sold separately, and any one of which would have more than paid all the taxes claimed, the whole had been set up and sold.
3. That there were many persons at the sale, bystanders, desirous of purchasing different parts, but that the defendant stated to them that the owner would redeem them all, and having thus prevented all competition, had the lands knocked down to himself for the paltry sum named.
As to the facts, it appeared to be true that the land had been sold at a price merely nominal, and wholly below its value, and also that the sheriff had sold the whole; but that in selling he had asked, 'Who will pay the taxes and damages for the least quantity of acres?' and that getting no bid for a less quanity of acres, he had then sold the whole. The answer positively averred that no bid could be got for a part. It appeared, also, that in 1840, the complainant had sold 7955 acres of the original tract; but notwithstanding this sale, the entire tract was charged in his name on the books of the commissioner of the revenue of the county, with the taxes, and was returned delinquent for their nonpayment, and was sold.
The main questions, accordingly, were: Had the defendant stated to the bystanders that the plaintiff would redeem the land from the tax sale with a view of preventing their bidding, and so of having the land knocked down to himself at a very low price; and if so, what was the effect in equity, upon the sale, of these statements of his?
As respected the matter of fact. In reply to a positive charge in the bill, that he had made statements of the sort above mentioned, the defendant in his answer said, 'that he has no recollection of making said statement, nor does he believe that he stated that William Slater would redeem his land;' and that he 'believes the charge that he stated to the bystanders attending said sale, that William Slater would redeem his land from the purchaser, to be untrue.'
The testimony from witnesses was thus:
One Zinn stated, that 'he was present when the sheriff was crying the land, and that Maxwell stepped up, and said he knew the owners, and it was not worth while for any person to buy it, that they would pay the taxes.' Being asked, on cross-examination, by the defendant himself, whether he was certain and positive that those words were used, he answered I am.' And being asked, whether he, the defendant, 'might not have alluded to some of the tracts lying in the Siater connection? his repl was: 'The defendant might have alluded to those tracts, or he might not. They were crying the Slater land at the time he stepped up and made the observations.'
One J. R. Jones, also at the sale, testified that Mr. Maxwell, S. T. Bukey, and Manly Zinn, were present; that Mr. Zinn 'appeared like as if he wanted some of the land; that Maxwell said that he knew the men, and that it was no use for them to bid, that it would be redeemed'-as the witness understood Mr. Maxwell to mean-'by the owner of the land.'
In reply to a question, whether any other person would have bid on the Slater land, if the defendant had not made the representations he did, in relation to its being redeemed, Jones said: 'It appeared to me that Mr. Bukey and Mr. Zinn were going to bid; they said they were going to bid on the Slater land.' Mr. Bukey was dead at the time when the evidence was taken.