Hoge v. Junkin

Citations

• 79 Va. 220
• 1884 Va. LEXIS 77

Syllabus

<p>1. Practice in Chancery—Enforcement of Liens■—Decree to sell lands to enforce liens, without first, by account taken, ascertaining amounts and priorities of all encumbrances thereon, is premature and erroneous. Shultz & als. v. Hansbrough & als., 33 Gratt. 567.</p> <p>2. Idem—Heirs—Ancestor’s Lands.—Decree to sell share of an heir in his ancestor’s lands, to pay heir’s debts, without first ascertaining the amount of such share by an account taken of the ancestor’s debts, and of the advancements, if any, to the several heirs, is premature and erroneous. Ryan's Adm'r v. McLeod & als., 32 Gratt. 367.</p> <p>3. Idem—Pleading—Demurrer.—As a general rule, when a demurrer to a bill or other pleading has once been overruled by the court, no other demurrer should afterwards be received to the same pleading. Code 1873, ch. 167, l 33, amended March 27, 1876, Acts 1875-6, p. 209.</p>