Kent's Adm'r v. Kent's Adm'r

Citations

• 82 Va. 205
• 1886 Va. LEXIS 24

Syllabus

<p>1. Chancery Practice—Pleadings—Evidence.—A court of equity can only decree upon the case made by the pleadings, though the evidence may show a right to a further decree. Munday v. Vawter, 3 Gratt. 494.</p> <p>2. Idem—Ees judicata.—Where in suit charging two administrators with a joint devastavit of their intestate’s estate, and they jointly excepted to the master’s report wherein they were charged with said devastavit, and the court sustained said exception, one of those administrators cannot afterwards be heard to charge his co-administrator with the same devastavit whereby a debt due by the estate to the alleger was lost. The decree sustaining the exception is the law of the case, binding upon the parties and all claiming under them.</p> <p>3. Case at bar.—Complainant wholly fails to sustain by evidence that the equitable defence set up by him against the defendant’s judgment against him.</p>