
    *Spencer v. Carter.
    June Term, 1808.
    Sale of Property under Executions — Statute.—Tile 2d section of the act of February 1st, 1808, “concerning the sale of property under executions and encumbrances,” applied to all sales made after the said act commenced and was in force, under any decree in Chancery, whether such decree was dated before that time or after.
    Property Decreed to Be Sold — Valuation by Commissioners — When Set Aside. — a valuation, by Commissioners legally appointed, of property decreed to be sold, ought not to be set aside for the purpose of producing a sale, unless it appear that they clearly acted under a mistake, or were influenced by some miscon duct of the party interested to prevent such sale.
    In this case, at June term, 1808, the Commissioner appointed by the decree of this Court to make sale of the mortgaged land in the bill mentioned, (which decree bore date on the 27th day of February, 1808,) made a report that he had advertised the same, and, on the day appointed for the sale thereof, the Commissioners for the city of Richmond (■where the land lay) attended, agreeably to the act of the general assembly, entitled, “an act concerning the sale of property under executions and encumbrances,” (which passed on the 1st of February, and took effect on the 1st of March, 180S,) and valued the same to two thousand pounds. That the plaintiff bid three thousand dollars only; and, whether this sum was sufficient to entitle the plaintiff to the property under the provisions of the said act, or not, was what the Commissioner declined to determine, and, by his report, submitted to the decision of the Court.
    
      
       See monographic note on “Commissioners in Chancery” appended to whitehead v. Whitehead, 23 Gratt. 376.
    
   By the Chancellor.

The second section of the act above mentioned applies to all sales to be made after the said act commenced and was in force, by Commissioners, under any decree of a Court of Chancery, to satisfy any claim whatsoever, and to all sales under any deed of trust executed posterior to that time, but not to sales under such deeds executed anterior thereto.

Sale set aside, and the Commissioner directed to proceed to execute the decree, subject to the provisions of that act.

At September term, 1808, the Commissioners, who, as above mentioned, had valued the mortgaged property to 2,0001. stated to the Court that one of them, at that time, thought the valuation too high; another thought the property was better improved than it afterwards appeared *to be; and the other changed his opinion upon talking with the plaintiff and some others, about the value of it. And now Mr. Warden moved to set aside that valuation, that the property might be valued to so much less as might produce a sale.

By the Chancellor. When the Commissioners valued the property in question, they were together, and in presence of the parties upon the premises; and, if not informed of the actual improvements, they might have been without any difficulty, and with but little trouble, as the property consisted of a lot and its improvements, on the main street in this city. But, since that time, they have separated, and the property cannot be sold; and they have become dissatisfied with their former valuation ; not in the presence of the parties, but upon an interview with the plaintiff. But, unless it could be shewn to the satisfaction of the Court that they clearly acted under a mistake, or were influenced by the misconduct of the defendant, in fixing the valuation at 2,0001. the Court should not interpose.

Motion to set aside the valuation denied. 
      
       Rev. Code, vol. 2, p. 156, c. 123.
     