Davis v. Morriss' Ex'ors

Citations

• 76 Va. 21
• 1881 Va. LEXIS 70

Syllabus

<p>1. Equitable Jurisdiction.—In a case of fraud, of trust, or of contract, the jurisdiction of a court of equity is sustainable wherever the person can be found, although lands not within the jurisdiction of the court may be affected by the decree.</p> <p>2. Idem—Foreign States.—The pendency of a suit in a foreign State is no bar to a suit in another State for the same matter, either at law or in equity. The States, in a jurisdictional sense, sere foreign to one another. The judgment of the court of another State does not merge the original cause of action in this State. 2 Gratt. 532.</p> <p>3. Idem—Concurrent.—Even among courts of concurrent jurisdiction, the rule that the one which first obtains jurisdiction has the right to decide every question in the case, is subject to limitations, and is confined to suits between the same parties seeking the same relief, and to such questions as arise properly in the progress of the suit first brought, and does not extend to all matters which may, by possibility, become involved in it.</p> <p>4. Idem—Trustee.—A citizen of Mississippi, by will, appointed a citizen of Virginia trustee of a legacy for his daughter and her children; as to which trust, it is alleged, the trustee was guilty of a breach. The daughter and her child became residents of Virginia. In a suit by the child against the executors of the trustee to hold his estate responsible for the alleged breach of trust committed in reference to the estate of the testator in Mississippi—</p> <p>Held :</p> <p>The Virginia court has jurisdiction, and should exercise it, though there be another suit pending in Mississippi by another legatee of the testator, to recover a legacy left him, and to which the plaintiff and the executors of the trustee are parties.</p> <p>5. Chancery Practice—Bills of review.—Every distinct averment must be taken as true upon a mere application to file a bill of review.</p> <p>6. Idem—Specifications and answer.—It is settled doctrine that when an