Lawson v. Moorman

Citations

• 85 Va. 880
• 9 S.E. 150
• 1889 Va. LEXIS 98

Syllabus

<p>1. Judgments—Reversal—Collateral attack.—It is settled doctrine that where a court hath jurisdiction over the subject-matter and parties, no error in its exercise can render the judgment void ; that the judgment can be reversed only on bill of review appeal, and can be assailed only by direct suit, and not collaterally.</p> <p>2. Idem—Infants—Non-residence—Publication.—Infants named as defendants to bill for sale of ancestors’ land to pay debts, against whom order of publication is made-upon affidavit of their non-residence, must show falsity of affidavit either then or after they come of full age, in direct proceedings to avoid the decree intered in the suit, and cannot attack it collaterally.</p> <p>3. Idem—Purchaser—Fraud—Evidence.—Where purchaser at such sale re-sells at greater price to substituted purchaser, the fact that the latter required a bond of indemnity is not sufficient evidence of collusion to defraud the heirs by procuring sale at inadequate price.</p>