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ORGAIN v. BUTLER

Record No. 970622.

496 S.E.2d 433 (1998)

John Barbour ORGAIN, III v. Norvell Orgain BUTLER.

Supreme Court of Virginia.

January 9, 1998.

Attorney(s) appearing for the Case

Miles Cary, Jr., (Saunders, Cary & Patterson, on brief), Richmond, for appellant.

Halford I. Hayes (Lucretia A. Carrico; Hayes & Carrico, on brief), Richmond, for appellee.

Present: COMPTON, LACY, HASSELL, KEENAN, KOONTZ and KINSER, JJ., and WHITING, Senior Justice.

KEENAN, Justice.

In this appeal from a decree of sale entered in a partition suit, we consider whether the chancellor abused his discretion in ordering the property sold at public auction, rather than through a real estate broker as recommended by the commissioner in chancery.

John Barbour Orgain, III, and Norvell Orgain Butler are siblings who own as tenants in common a 40-acre tract of land located in Chesterfield County (the property). Butler filed a bill...

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