Hurn v. Keller

Citations

• 79 Va. 415
• 1884 Va. LEXIS 97

Syllabus

<p>1. Practice in Chancery—Creditor's Bill.—A bill sets up complainant’s claim only, and does not purport to be a creditor’s bill, yet it may be treated as such. Creditors may come in by petition as plaintiff. A decree of account of debts may be entered, which will operate a suspension of all other suits of creditors, who must prove their debts under said decree. Ewing v. Ferguson, 33 Gratt. 548.</p> <p>2. Improvements—Allowance for—Heirs.—Statute (Code 1873, ch. 132) providing allowance for improvements by defendant, against whom decree or judgment is rendered for land held by him under title believed by him to be good, applies not to the case of an heir, who, after suit, to which he is a party, to settle his ancestor’s estate, and after decree to sell the real estate, but before it is all sold, buys, under bona fide belief that it would be unnecessary to sell all in order to pay the debts, the shares of his co-heirs in a part of the unsold real estate, and erects thereon permanent improvements. Grœme v. Cullen, 23 Gratt. 266.</p> <p>3. Lis Pendens— Common Law Doctrine—Statute.—Independent of statute, purchaser, pendente lite from party to suit of the subject thereof, takes it bound in his hands by any decree rendered against his vendor in that suit touching said subject. By statute (Code 1873, ch. 182, § 5) such purchaser is not bound by such decree, unless and until the lis pendens is recorded, as thereby directed; provided he purchased without actual notice of the pending suit. Easley v. Barksdale, 75 Va. 280.</p>