Pugh v. McCue

Citations

• 86 Va. 475
• 10 S.E. 715
• 1890 Va. LEXIS 6

Syllabus

<p>1. Judgments—Collateral attack.—Judgments and decrees of courts of general jurisdiction, acting within the scope of its authority, are presumed to be right-, and are not open to a collateral attack, and this is so even though a party against or in favor of whom it is rendered be dead at the time. Wilcher v. Robertson, 78 Ya., 602.</p> <p>2. Idem—Deed decreed to one dead—Evidence.—In suit in chancery a special commissioner is directed by decree to make a deed of conveyance to “ the purchasers or their vendees,” one of whom was dead at the time. In pursuance thereof the deed was executed. In action of ejectment the deed was admitted in evidence in behalf of one claiming under the deceased grantee. Held : No error.</p> <p>3. Evidence—Record—Recitals in deed.—In such action, if the record of the suit wherein the decree was rendered directing the deed to be made be introduced, the recitals in the deed are admissible and unassailable evidence of title in the collateral action.</p>