Garnett v. Loven

Citations

• 80 Va. 456
• 1885 Va. LEXIS 83

Syllabus

<p>Equitable Jurisdiction and relief&emdash;Case at bar.-Under decree in creditor’s bill filed in 1870, the debtor’s real estate was sold in parcels. To G. and to L. each, a distinct parcel was sold and conveyed by defined bounds. The suit was dismissed in 1876. Four years afterwards, L. having got possession of thirty-two acres of the parcel conveyed to G., the latter brought unlawful detainer to recover it; and L., without the said suit having been restored to the docket, filed therein against G. his petition, and obtained an injunction restraining proceedings under the unlawful detainer, on the ground that a mistake had been made in the conveyance to him, whereby said thirty-two acres had been omitted from his, L.’s, boundary. G. objected to the filing of the petition, demurred to it, and answered it, denying all fraud, and that L. had got all the land he had bought, and 'the contrary thereof was not established by L., but the circuit court overruled the objection and demurrer, and decreed that G. should convey to L. the said thirty-two acres. On appeal,</p> <p>Held :</p> <p>1. The objection to the filing of the petition in the cause which had • been dismissed, should have been sustained.</p> <p>2. The demurrer to the petition as an original bill, shoqld have been sustained, as it was without equity, there being no privity between L. and G.</p> <p>3. If L. had any remedy, it was at law, against the commissioners who made the sale and conveyance to him ; or in chancery, against the creditors of M., who participated in the proceeds of the sales of his lands.</p> <p>4. Upon the merits, L. had no case, as he did not show that he had not received, apart from the thirty-two acres, as much land as he had bought.</p>