Graveley v. Graveley

Citations

• 84 Va. 145
• 4 S.E. 218
• 1887 Va. LEXIS 15

Syllabus

<p>1. Practice in Chancery— Want of Jurisdiction.—Where a bill in equity does not state a case proper for relief in that forum, the court should dismiss it upon the hearing, whether there be any appearance by the defendant or not. Salamone v. Keiley, 80 Va., 86.</p> <p>2. Idem—Executor de son tort—Remedy at law.—Where one owes a debt by note to, and also for mone'v collected by him for, decedent’s estate, the administrator has an adequate remedy at law, and a bill filed by him in equity simply to collect the said money, should be dismissed at the hearing, though no objection be made for want of jurisdiction.</p> <p>3. Idem—Misjoinder of parlies.—For administrator and distributees of decedent to unite as plaintiffs in suit to collect money due the estate, is a misjoinder of parties.</p>