Ogden v. Davidson

Citations

• 81 Va. 757
• 1885 Va. LEXIS 32

Syllabus

<p>1. Practice in Chancery—Void decrees.—Decree is merely null as to persons not named as parties in bill, and against whom no allegations are made and no relief is prayed. Cronise v. Carper, 80 Va. 678.</p> <p>2. Idem—Case at bar.—Ward filed bill against guardian for settlement. Guardian had loaned ward’s money to W., secured by trust deed on Pedlar Mills. By consent decree, trust deed was transferred to ward, and commissioner appointed to collect loan and pay over to ward. Trustee made sale under trust deed to O., who paid part and gave bonds for residue, and made default. Sale was reported to court. Two days afterwards a rule was issued and served on O., to show cause next day why Pedlar Mills should not be resold. Next day a decree of resale was entered—</p> <p>Held :</p> <p>Neither trustee nor purchaser being parties to the suit, and the sale not being judicial, the decree is a nullity quoad those persons.</p>