Brengle v. Richardson's Adm'r

Citations

• 78 Va. 406
• 1884 Va. LEXIS 16

Syllabus

<p>1. Equitable Jurisdiction and Relief-Creditor's suit-Aliened lands. Judgment creditor brings suit to enforce his lien. After account ordered and taken and other liens proved, the other lienors become parties to the suit, and are entitled to have the lands sold for their relief in the order of their respective priorities, and aliened lands of the debtor must be sold in the inverse order of the alienation. P. & A. Ins. Co. v.. Maury, 1 Matthews (75 Va.) 508; Code 1873, ch. 182, \\ 10.</p> <p>2. Judgments and Decrees-Conclusiveness-Bankrupt court-State Courts.&emdash;The acts of courts of competent jurisdiction, having cognizance of the parties and the subject matter, cannot be questioned else-, where. If bankrupt court wrongfully allows the bankrupt the exemption claimed by him, the remedy is not in the State courts.</p> <p>3. Rents and Profits -Judicial sales.&emdash;Where the bill does not allege the insufficiency of the rents and profits to satisfy the liens within the period of five years, and where there has been no enquiry, but the decree of the court below sets forth that it appears that the lands without the improvements when sold would not more than pay the liens, the party entitled to the enquiry may be presumed to have waived it, ■and the decree of sale will not be set aside on account of the omission of such enquiry; but it will be amended, and that party be allowed to have the enquiry if he chooses, and so amended the decree will be affirmed. Ewart v. Saunders, 25 Gratt. 203; Price v. Thrash, 30 Gratt. 515.</p>