HOFFMAN v. HORTON


186 S.E.2d 79 (1972)

212 Va. 565

Hubert N. HOFFMAN v. Howard P. HORTON et al.

Supreme Court of Virginia.

January 17, 1972.


Attorney(s) appearing for the Case

L. Lee Bean, Arlington, for plaintiff in error.

Philip Schwartz, Arlington (Schwartz & Ellis, Arlington, on brief), for defendants in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.


CARRICO, Justice.

The question involved in this case is whether an auctioneer at a foreclosure sale may reopen the bidding when an overbid is made immediately prior to or simultaneously with the falling of the hammer in acceptance of a lower bid.

The question arises from an auction sale conducted to foreclose a deed of trust in the sum of $100,000 upon the "Field Tract" in Arlington County, owned by the defendants Howard P. Horton and wife and Ralph R. Kaul...

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