Diehl v. Marchant

Citations

• 87 Va. 447
• 12 S.E. 803
• 1891 Va. LEXIS 92

Syllabus

<p>1. Res Judicata—Rule.—When matter alleged in second suit between same parties, was either actually litigated, or might have been, under the issues, in the first suit, the judgment in the first may be set up as a bar to the second suit. Mshbwrne v. Ferguson, 85 Va., 321.</p> <p>2. Idem—Case at bar.—Decree dissolving injunction awarded grantors in trust deed restraining purchaser from taking possession of the land because substituted trustee had been appointed without notice under Code, sec. 3420, is conclusive on the grantor’s rights, who failed to appeal in time, and is a bar to their petition based on same ground for rehearing order of appointment.</p>