Spotts v. Commonwealth

Citations

• 85 Va. 531
• 8 S.E. 375
• 1888 Va. LEXIS 68

Syllabus

<p>1. Fifas&emdash;Omnia presumtmtur recte acta fuisse&emdash;Burden of proof&emdash;Where fifa issued more than a year after judgment, it is not presumed that it was the first fifa issued on the judgment, but the contrary. Burden of proving it was the first, is on the debtor.</p> <p>2. Pleadings&emdash;Points.&emdash;Points not raised in the pleadings cannot be considered by the court.</p> <p>3. Judgments&emdash;Collateral attacks&emdash;Failure of consideration.&emdash;Judgments of courts of competent jurisdiction cannot be attacked collaterally. In court wherein judgment was rendered, question of paramountcy of defendant’s homestead having been raised and decided adversely, same cannot be raised a second time in another suit brought to ascertain priorities of liens on defendant’s realty. And defence of failure of consideration must be set up either in suit wherein judgment is rendered, or by a chancery suit brought by defendant for that purpose.</p> <p>4. Judicial Sales&emdash;Caveat empior&emdash;Case at bar.&emdash;Sale made of judgment debtor’s interest in land under writ of venditioni exponas in behalf of the Commonwealth, which interest was absorbed by liens paramount to said writ;</p> <p>Held:</p> <p>Purchaser must pay the price though he may get no land.</p>