Virginia Iron, Coal & Coke Co. v. Roberts

Citations

• 103 Va. 661
• 49 S.E. 984
• 1905 Va. LEXIS 37

Syllabus

<p>1. Equity — Estopped—Demurrer—Assigning New Grounds on Appeal. — ■ Where a bill alleges that the complainant purchased from a father a tract of land which he had previously conveyed to certain of his children; that the complainant knew nothing of the existence of the deed; that he purchased in good faith; and that the purchase was made with the knowledge, acquiescence, and consent of the children, this is sufficient to estop the children from setting up the conveyance to them against such purchaser, and the fact that they were under age cannot be set up for the first time in the appellate court — not having been stated among the grounds of demurrer specifically assigned in the trial court.</p> <p>2. Purchaser Pendente Lite — Rights Acquired. — The rule that a person who acquires an interest in land involved in a pending suit, and from a party litigant, takes subject to the rights of the parties to the suit as finally adjudicated, and is concluded by the judgment or decree, is confined in its operation to giving effect to the judgment or decree which may be rendered in the suit depending at the time of the purchase.</p> <p>3. Purchaser Pendente Lite — How Affected. — A purchaser having actual or constructive notice of a pending suit can only be held chargeable with knowledge of the facts of which the record in the suit, as it existed at the time of his purchase, would have informed him. He cannot be charged with knowledge of facts afterwards brought into the case.</p> <p>4. Purchaser Pendente Lite — Incidental Equities of Go-Defendant. — A pendente lite purchaser of land from one defendant is not charged with implied notice of equities between the co-defendants, which are not the subject of litigation between the complainant and the defendants, and which do not in any manner affect that litigation, but appear only incidentally.</p> <p>5. Equity — Bstoppel.—In a suit to set aside and have removed, as a cloud on- the title of complainant, a deed made by a father to