Pannill's Adm'r v. Calloway's Committee

Citations

• 78 Va. 387
• 1884 Va. LEXIS 14

Syllabus

<p>1. Jurisdiction-Voidable orders-Lunatics-Committees-Case at bar.In 1847 J was appointed committee for G, a lunatic, by an order of the circuit court of H county. In 1853 P was, by an order of the county court of said county, appointed committee of said lunatic, so far only as his interest in a certain estate was concerned, and with two sureties executed bond ; and this order was never reversed, and under it P, as such committee, possessed himself of the lunatic’s estate.</p> <p>Held:</p> <p>1. In 1853 the county court was a court of general jurisdiction, and invested by law with special jurisdiction over the persons and estates of lunatics. Neither the committee nor his sureties can, in another proceeding, object that the order was void. Monteith v. Commonwealth, 15 Gratt. 185.</p> <p>2. It might be different if the lunatic objected to the legality of the appointment of the committee.</p> <p>2. Lunatics-Committees-Liability.-Whatever estate of the lunatic the committee received by virtue and under color of his appointment, he is liable for. If one assume to act as a trustee in relation to trust property, without just authority, he shall be held liable equally as if he had been lawfully appointed.</p> <p>3. Idem-Idem-Idem-Case at bar.-J, the committee of G, who had been appointed by the circuit court, was largely indebted, and procured judgment and execution to be obtained against him by J, through H, his next friend, and on the execution slaves and other personal property were received with the approval of H, by P, who had been appointed committee of J, as to a certain estate only, by the county court, which slaves, &c., were not converted to P’s own use, but were lost by the results of the late war.</p> <p>Held:</p> <p>1. Under the circumstances of this case P and his sureties cannot be held liable for said slaves, &c.</p> <p>2. Brown v. Lambert's Adm’r and ais., 33Gratt. 236, reviewed and distinguished from this case.</p> <p>3. So far as any of the property rec