Quesenberry v. Barbour

Citations

• 31 Va. 491

Syllabus

<p>F conveys laud to Q in trust for J, the daughter of F and wife of Q, for her life, and then to her children. Afterwards J and her children, who are infants under fourteen years of age, by their next friend, filed their'bill against Q, the trustee, for the sale of the land, and there is a decree for the sale, and a sale made more than six months after the decree, and this sale is confirmed, and a conveyance to the purchaser. In an action of ejectment by the children of J, after her death, to recover the land from a vendee of the purchaser.—Held:</p> <p>1. The couit having had jurisdiction of the case under the statute, the validity and propriety of the decree for the sale of the land cannot be questioned in a collateral proceeding.</p> <p>2. The sale having been made more than six months after the decree for the sale, the sale cannot be set aside, even if the decree was erroneous.</p> <p>3. The fact that the infants were plaintiffs with their mother, instead of being made defendants, is no objection to the proceedings in the suit for a sale of the land.</p>