Richardson v. Seevers' Adm'r

Citations

• 84 Va. 259
• 4 S.E. 712
• 1888 Va. LEXIS 75

Syllabus

<p>1. Judgments—Effect—Jurisdiction.—To render judgment binding, court must have jurisdiction of parties as well as of subject matter. Jurisdiction of courts of general powers will be presumed, until contrary is shown. Jurisdiction of courts of limited powers must be affirmatively shown. And the former stand upon same footing with the latter, when not acting within scope of their powers, but under special statutory authority.</p> <p>2. Bankrupt Court—Jurisdiction—Impeachment of its decrees—Case at bar.— In this case it appears affirmatively that the IJ. S. district court sitting in bankrupcy upon the application of P, had no jurisdiction over the lands of R, which had not been surrendered, and against which P, the bankrupt, had ho claim. It, however, entered a decree fixing and attaching liens upon the lands of R:</p> <p>Held:</p> <p>The decree is void, and wherever and whenever called in question, may be so treated.</p> <p>3. Gift to husband “for benefit of wife and children.”—Case at bar.—■ Rather sold land to sons-in-law, upon agreement that latter should retain one-fourth of purchase money for the benefit of his wife and children as an advancement from the father to them:</p> <p>Held:</p> <p>This agreement created no trust lien on the land for the benefit of the wife and children. Waller v. Catlett, 83 Va., 200.</p>