Kelly v. Hamblen

Citations

• 98 Va. 383
• 36 S.E. 491
• 1900 Va. LEXIS 53

Syllabus

<p>1. Res Judicata—Case in Judgment—Demurrer to Plea or Answer.—A decree or judgment concludes not only what is in fact adjudicated, but all questions in issue, whether formally litigated or not. Every point decided, and, by necessary implication, every issue which must have been decided in order to support the judgment or decree is concluded. In the case in judgment, the paries were not the same as in the former suit, the land sought to he subjected was not the same, and the relief sought in this suit could not have been granted in the former suit, in the condition in which it was when the decree sought to be set up as a bar was pronounced.</p> <p>Quaere: Does a demurrer lie to a plea or answer in chancery?</p> <p>2. Chancery Pleading and Practice—Suit to Enforce Judgment— Second Suit for Same Purpose.—While a judgment may not be divided into different causes of action, yet a suit brought to enforce the lien thereof, prosecuted in good faith, though ineffectually, is not a bar to a subsequent suit by the same complainant against the same defendant to enforce satisfaction of the same judgment. Courts of equity, however, by their decrees for costs, will prevent the capricious or oppressive exercise of the right, and protect litigants against unnecessary and vexatious litigation.</p> <p>3. Chancery Pleading and Practice—Exception to Answer—Effect.— An exception to the sufficiency of an answer is tantamount to an averment that the answer, if true, constitutes no defense to the complainant’s demand.</p> <p>4. Chancery Pleading and Practice—Suit to Enforce Judgment— Answer Showing Subsequent Alienations—Sufficiency of Answer.—If a defendant in chancery, whose land is sought to be subjected to the lien of a judgment against Ms vendor, answers that other lands of his vendor, or lands of a subsequent alienee of his vendor, are liable to the complainant’s demand, the answer is not liable to exception for insufficiency, and the defendant should be allowed to show those facts.