Wohlford v. Trinkle

Citations

• 90 Va. 227
• 17 S.E. 873
• 1893 Va. LEXIS 38

Syllabus

<p>Chancery Practice — Rehearing—Case at bar. — A rehearing of suit for sale of lands after the sale has been made and confirmed, on the ground that one of the defendants had not been served with process, will not be allowed, although she testified positively that she was not served, and no trace of the case appears either on the process book or rule book, where the decree recites that process had been served on all the defendants. There are endorsements on the bill as if rules had been taken; the deputy clerk testified that he issued process against her; an order of publication containing her name was duly published in a newspaper; the deputy sheriff testifies that he served process on her at her home, and returned it to the deputy clerk ; and one witness testifies that he had seen a summons for her which appeared to have been returned “ executed.”</p>