Sears' Ex'or v. Marshall

Citations

• 83 Va. 383
• 2 S.E. 608
• 1887 Va. LEXIS 84

Syllabus

<p>Appellate Court—Former decree—Court below—Homestead—Case at bar.—Decree on former appeal remanding cause to circuit court with direction to assign to appellant (then) as his homestead the proceeds of certain property embraced in a deed that has been annulled as fraudulent, concludes with the words “unless he appears not entitled to the same on other grounds ” ; and the circuit court disregarded the new objections presented by the creditor (the then appellee) to such assignment, did make the assignment—</p> <p>Held :</p> <p>There is no error in the order of the circuit court. The intention of those words not being to open up the matter at large to new objections.</p>