Thomson v. Brooke

Citations

• 76 Va. 160
• 1882 Va. LEXIS 13

Syllabus

<p>1. Chancery Practice—Final decree.—Decree settling the principles oí the cause, directing the disbursement of the fund and the payment of the costs, and leaving nothing to be done, and stating on its face that is a “final decree,” is a final decree.</p> <p>2. Idem—Appeal—Reviexv.—If errors of judgment in the determination of facts be complained of, such errors can be corrected only by appeal. If errors of law be complained of by bill of review, the errors must be such as appear on the face of the decrees, opinion of the court, orders and proceedings in the cause, arising on facts either admitted by the pleadings or stated as facts in the decrees (or opinions of the court); and the evidence in the ease cannot be looked into in order to show the decrees to be erroneous in the statement of the facts.</p> <p>3. ' Idem—Sale—Inability of commisioners.—Decree to sell decedent’s land in 1858. The two commissioners directed to make the sale were required to give the usual bond. One gave it. Sale made and confirmed, and commissioners ordered to collect and distribute the money. Bonded commissioner died in 1S60. The other commissioner was also administrator of the decedent and counsel for the heirs. He collected in 1861 a large amount of the money and placed it-to his individual credit in a solvent bank, where it perished by the war. Proceedings were instituted to hold the purchaser and the land bound for money paid to a commissioner who had given no bond, and also to hold the commissioner responsible for the funds collected and lost.</p> <p>Held :</p> <p>1. The case of Hess v. Rader, 26 Gratt. 750, has no application to this-case.</p> <p>2. Purchaser paid the money into hands legally entitled to receive if..</p> <p>3. On face of decree the commissioner is stated to be the counsel of . the heirs of the decedent, and had the right to receive the money.</p> <p>4. Under the circumstances, neither payer nor receiver is responsible,. and the loss must fall on the heirs.</p>