Simpson v. Dugger

Citations

• 88 Va. 963
• 14 S.E. 760
• 1892 Va. LEXIS 57

Syllabus

<p>1. Purchaser — Rents—Lis pendens — Case at bar. — Vendee of property sold under decree in creditors’ suit against D., had notice of a suit setting up D.’s children’s claim thereto in the right of their deceased mother. Pending that suit, vendee sold the property to an insolvent;</p> <p>Held :</p> <p>The children being adjudged entitled to the property, are entitled also to recover the rents from the vendee.</p> <p>2. Idem — Estoppel.—The property having been deeded to such vendee, though knocked off to the insolvent, and in the children’s suit the former having asserted his title as the actual purchaser;</p> <p>Held:</p> <p>He is estopped from denying he was such purchaser.</p> <p>3. Idem— Cross-bill — Res adjudicata. — Where one filed a bill attacking a trust deed, and it was adjudged invalid, he cannot afterwards be allowed to file a cross-bill setting up an interest in the subject-matter of said trust deed, which he might have, but did not set up in his original bill.</p>