Seamster v. Blackstock

Citations

• 83 Va. 232
• 5 Am. St. Rep. 262
• 2 S.E. 36
• 1887 Va. LEXIS 56

Syllabus

<p>1. Judgments&emdash;Jurisdictio7i&emdash;Collateral Impeachment.&emdash;Jurisdiction of subject matter and parties is essential to conclusiveness of judgments or decrees. A court may rightfully obtain jurisdiction, and its decrees may be void, because, in the progress of the cause, it has exceeded its jurisdiction. In such cases the decrees may be attacked directly or collaterally. Wade v. Hancock, 76 Va. 620.</p> <p>2. Idem&emdash;County court&emdash;Dower&emdash;Sale for partition.&emdash;Where in widow’s suit in county court, in 1862, for sole purpose of having her dower assigned, the court, after assigning dower, of its own accord decreed sale of residue of the land for division of the proceeds among the infant heirs, they being parties to the suit. The dividend of each heir exceeding $300, the county court transcended its jurisdiction, and its decree of sale was void. Code 1860, p. 581, $ 3.</p> <p>3 Idem&emdash; Circuit court&emdash;Res judicata.&emdash;Where, 'after the suit was removed to circuit court, the heirs filed in 1876 petition to rehear and avoid the decree of county court for want of jurisdiction, decree of circuit court dismissing petition makes not the matters alleged therein res judicata.</p> <p>4. Ejectment&emdash;Equitable defenses&emdash;Case at bar.&emdash;In 1880, B. and the other heirs brought ejectment against'S. and.others claiming under the purchaser at the sale made under decree of county court for the land. Defendants relied on the proceedings in the chancery suit as defense.</p> <p>Held :</p> <p>Those proceedings are void and no bar to the action.</p>