Daingerfield v. Smith

Citations

• 83 Va. 81
• 1 S.E. 599
• 1887 Va. LEXIS 42

Syllabus

<p>1. Chancery Practice&emdash;Creditors' bill&emdash;Sale or renting of lands&emdash; Account of liens.&emdash;It is improper to decree sale or renting of lands before taking account of liens and priorities. It is also improper to decree renting and sale simultaneously, if the rents prove insufficient. The renting should be first decreed, and if report shows it to be insufficient, sale maybe decreed. Compton v. Tabor, 32 Gratt. 121.</p> <p>2. Idem&emdash;Personal representatives&emdash;Heirs or devisees.&emdash;-Judgment by default against the first in suit wherein the last are not parties affects not the last, and is not evidence against them in suit to subject decedent’s real estate. Code 1873, ch. 127, § 3, does not alter this rule. Brewis v. Lawson, 76 Va. 36.</p> <p>3. Idem&emdash;Infants&emdash;Guardian ad litem&emdash;Infant defendants are incompetent to consent to decree of sale, and their guardian ad litem cannot consent for them.</p> <p>4. Idem&emdash;fudgment against administrator&emdash;Suit against heirs&emdash;In suit on such judgment, the heirs are entitled to require strict proof outside of the judgment itself of the justice of the claim whereon it was founded.</p> <p>5. Idem&emdash;Bill of review&emdash;Whole record&emdash;On bill of review, all the errors apparent on face of any part of the record will be corrected. Pracht v. Lange, 81 Va. 711.</p> <p>6. Personal Representatives&emdash;Post-mortem claim&emdash;They cannot be sued as such, for services rendered or goods furnished decedent’s estate since his death. Fitzhugh v. Fitzhugh, 11 Gratt. 300.</p>