Cox v. Carr

Citations

• 79 Va. 28
• 1884 Va. LEXIS 55

Syllabus

<p>1. Appeals—Jurisdiction—Test.—Where jurisdiction depends on the amount in controversy, if plaintiff in his declaration or bill claims money or property of greater value than $500, he is entitled to his appeal or writ of error, though the judgment be for less. But not so the defendant, if the judgment be for less. Gage v. Crockett, 27 Gratt. 735.</p> <p>2. Idem—Idem—Colorable claim.—Yet if the claim is merely colorable in order to give the court jurisdiction, and that was made to appear, jurisdiction would be declined; for jurisdiction can no more be conferred than it can be taken away by improper devices of parties. Hansbrough and Wife v. Stinnett. 22 Gratt. 593.</p> <p>3. Idem—Idem—Case at bar.—Sum claimed in bill with interest at date of final decree, excluding costs, exceeds $500, and nothing appears to show that the sum claimed was fixed with the view of acquiring jurisdiction in this court—</p> <p>Held :</p> <p>This court has jurisdiction of the appeal.</p> <p>4. Sales Under Trust Deeds—Conveyance—Payment—Case at bar.—• P. conveyed to N. lot in L. in 1857 to secure debt of E., and in 1858 to secure debt of C. B. had prior judgments docketed against P. In 1860, N. sold lot to D., and conveyed it by deed duly recorded, and reciting that purchase money was paid. Later, D. conveyed it to G., who conveyed to A. In 1879, C. filed bill alleging that D. paid part of purchase money to satisfy E.’s debt, but that the balance and his debt were unpaid, and seeking to subject lot to satisfy same. On demurrer, bill was dismissed as to G. and A. D. answered that he had paid the whole purchase money, and relied on the recital. It appeared that D., on dispute arising between B. and C. as to that balance, had, with their consent, placed it, or his note therefor, in F.’s hands to await end of dispute ; that between 1860 and 1879, in suitto subject after-acquired lands of P., B.’s judgments had been satisfied, and that C. had reduced his .debt to judgment, but made no effort to