Paxton v. Stuart

Citations

• 80 Va. 873
• 1885 Va. LEXIS 123

Syllabus

<p>1. Equity Jurisdiction and Relief — Resulting trusts — Liens—Set-offs— Case at bar. — From ancestor’s estate there were shares going to I., to J., to P. and to P.’s ward. I. and P. jointly purchased lana, and used all the shares in paying for it. Then, I. sold to P. her half of the land, and for part of the price took three bonds of P., with J. as surety, payable to I.’s husband, who assigned them for value to S. T. and B. In a creditor’s suit to ascertain debts and liens against P.’s estate—</p> <p>Held :</p> <p>1. P.’s ward has a paramount lien on the entire land to the extent his share was used in paying for it.</p> <p>2. J. has an equal lien with P.’s ward, on the entire land to the extent his share was used in paying for it, unless the transaction between P. and J. as to this use of J.’s share, made P. individually the debtor therefor to J., and destroyed his lien.</p> <p>3. But if such lien remains in favor of J., he is entitled to set off the amount thereof pro tanto, against the bonds of P. and himself to I.’s husband, in whose hands soever they may be found.</p> <p>2. Practice in Chancery — Lunatic defendant. — Pending a suit against a lunatic represented by his committee, the lunatic dies, the committee ipso facto becomes functus officio and the suit abates, and must be revived and proceed in the name of the lunatic’s personal representative and heirs; and all proceedings had after lunatic’s death and before such revival, are void.</p>