Allan v. Hoffman

Citations

• 83 Va. 129
• 2 S.E. 602
• 1887 Va. LEXIS 46

Syllabus

<p>Chancery Practice-Equitable attachments-Sale of land.-Equitable attachments were levied on all of P.’s land. At his request, decree to sell his interest in one tract, in exoneration of the rest, was entered. Before sale he died intestate, leaving one heir, G. The suits were never revived in her name. Sale was made and confirmed to H., as :guardian. Later H. brought suit to sell all the lands of his ward, in. eluding said interest. G., as heir of an uncle, owned one-ninth of the said tract, and, being a party to H.’s suit, answered, claiming that one-ninth, but not objecting to sale of P.’s interest. In H.’s suit, sale was made of that tract at an advantageous price. Then G. filed her cross-bill in H.’s suit to avoid sale of H.’s interest, because sale was made after his death without revival of suits in her name. Demurrer to cross-bill was overruled.</p> <p>Held :</p> <p>1. Cross-bill, seeking in collateral proceeding to avoid decrees rendered in another suit by a court of competent jurisdiction, is demurrable.</p> <p>2. Sale was made under attachment levied on the land, a proceeding in rem, and was valid, and bound all claiming under P.</p>