Wells v. Hughes' Ex'or

Citations

• 89 Va. 543
• 16 S.E. 689
• 1893 Va. LEXIS 72

Syllabus

<p>1. Application op Payments.—There was a judgment for balance on bonds executed by TJ as principal and TV as surety, for price of land purchased by U at judicial sale. At re-sale property brought less than judgment. Payments made by TJ on bonds and proceeds of re-sale were applied to the purchase-money under the court’s supervision, and with U’s assent—</p> <p>Held :</p> <p>In action to enforce the judgment on land owned by TV at its date, purchasers from TV, with notice of the judgment, could not claim that said payments and proceeds were misapplied.</p> <p>2. Indúlgenos to Principal.—Hiere forbearance, without consideration, shown to principal, with no contract for definite delay or postponement—</p> <p>Held :</p> <p>Not to release the surety.</p> <p>3. Jurisdiotion—-Plea in abatement.—Where a bill shows on its face matter proper for, and the parties are within, the jurisdiction of the court, exception for want of jurisdiction can only be taken by plea in abatement. Code, § 3260.</p>