1939

Grubb v. Shirley

Supreme Court of Virginia

174 Va. 204, 5 S.E.2d 475

Commissioner needed 1.47 acres for road improvement and entered into a contract with Grubb to purchase the land for $973. Later, Commissioner determined that Grubb only had a life estate and could not sell the land himself. Commissioner had to proceed with condemnation and hearing commissioners awarded $250 for the take and $2035 for damage to the residue. Former contract had been introduced into evidence. Statute in effect at that time required commissioners to mention the contract in the report, which they did not. On motion of Commissioner, exception to report was sustained and a second commission returned an award of $973. Supreme Court reversed. As Grubb only had life estate, contract was not valid, statute did not apply, and first commission’s report was reinstated, plus interest.

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