Ferguson's Adm'r v. Teel

Citations

• 82 Va. 690
• 1886 Va. LEXIS 90

Syllabus

<p>1. Judgments—Presumptions.—It is well settled that judgments of courts of competent jurisdiction are presumed to be correct. However assailed, such presumption pro vails, unless want of authority appears on the face of the record.</p> <p>2. Idem— Want of notice.—Same rule applies where want of notice, or summons, is alleged ; and onus of showing want of summons is on the assailant. Mere absence of return of service on summons is insufficient for impeachment, where the record shows that at rules the cause was matured as to all the defendants.</p> <p>3. Contracts-—Failure of consideration—Recovery.—Where vendor sells land of his wife without conveyance, and part of price is paid, with understanding expressed in receipt for sum so paid, that if a third person’s heirs (who were likewise the heirs of wife), got a redivision of their ancestor’s lands (whereof the land sold is part), vendor is to pay vendee his money back; and wife dies intestate without having had issue, and the heirs get the land from vendee by legal proceedings, the latter is entitled to have his money, so paid upon a considera tion that failed, refunded by vendor.</p>