Buckner v. Metz

Citations

• 77 Va. 107
• 1883 Va. LEXIS 42

Syllabus

<p>Appellate Court—Jurisdiction—Case at bar.—B. has judgment against M. for $1,689.99. M. has only one tract of land, containing eighteen and a quarter acres, and worth $91.25. After the judgment M. makes his deed, setting apart this land as his homestead. The bond, whereon the judgment was founded, contained no waiver of homestead, and was not for the price of this land. Then M. conveyed this and for value to P. B. brought his bill in chancery to enforce the lien of his judgment on this land. Court below dismissed the bill. On appeal;</p> <p>Held:</p> <p>1. To give this court jurisdiction of this case, under constitution, article six, section two, “the matter■ in controversy”—“that for which the suit is brought”—“the subject of the litigation, and upon which the issue is joined,” must be either of the value of $500, exclusive of costs, or “ concerning the title or boundaries of land.”</p> <p>2. Here the suit was brought to enforce the lien of the judgment upon the eighteen and a quarter acres owned by M. at the recovery of the judgment, but subsequently conveyed to P. The whole aim, object and scope of the suit is the value of the land, by payment whereof P. may discharge the land from the judgment. Its value, ascertained by the proceedings in the cause, is less than $500.</p> <p>3. The matter in controversy, as concerns the appellate jurisdiction of this court, is the value of the land, and that being less than $500, this court has no jurisdiction.</p> <p>4. This is not a suit for the land, and no such controversy “ concerning the title or boundaries of land,” as would give this court jurisdiction, can arise.</p>