Sexton v. Crockett

Citations

• 23 Va. 857

Syllabus

<p>1. A final decree in a cause was made in October 1863. On the 5th of October 1871 an appeal from this decree was allowed by a judge of the Court of Appeals. The petition with the endorsement was filed with the clerk on the 9th of the same month, and the appeal bond is dated the 26th of April 1871. Quaere: If the appeal was barred by the statute limiting appeals.</p> <p>2. In a suit by creditors for the sale of the land of their debtors, a decree is made with their consent, for the sale, but the sale made is set aside, and the land rented out. AJter this one of the debtors dies intestate, leaving hens. Then another decree is made, reviving the suit against his administrator, and directing a scire facias against the heirs; and with the consent of the parties before the court, commissioners are directed to execute the previous docree of sale. They sell and the sale is confirmed, and the purchase money being paid a conveyance is ordered and made, and this is confirmed. These decrees and the sale having been made when the heirs were not before the court, the decrees are erroneous, and these and the sale must be set aside.</p>