Woodhouse v. Fillbates

Citations

• 77 Va. 317
• 1883 Va. LEXIS 60

Syllabus

<p>1. Jurisdiction—County courts.—In i860 county courts had jurisdiction to sell decedent’s real estate to pay his debts, though they did not have jurisdiction of guardian’s suits to sell infants’ real estate to promote their interests, or of partition suits where the shares exceeded in value I300.</p> <p>2. Idem—Idem.—Being then courts of general jurisdiction, every presumption must be made in favor of their proceedings when collaterally attacked. Unless want of jurisdiction or fraud is apparent their decrees must be sustained.</p> <p>3. Idem—Loss of records.—This presumption is especially applicable when from loss of any part of the record it is difficult to ascertain the ground whereon jurisdiction was taken in the particular case, and there is danger of injustice.</p> <p>4. Idem—Presumption.—If several grounds are apparent from the record, whereon the court might have acted, it is presumed to have acted on that ground which gave it jurisdiction, and not upon the others.</p> <p>5. Case at Bar.—Prior to i860 F. died intestate, indebted, leaving slaves and land; also a widow and infant children. At May term of the county court his administratrix brought her bill to sell the land in lieu of the slaves to pay the debts. The infants were made defendants, and the proceedings were regular. After proper inquiry and report, sale of the land was decreed. It was sold, sale confirmed, price paid, and conveyance made and recorded. In 1878 F.’s children, then adult, brought ejectment against purchaser, W.f for the land. On trial jury found special verdict stating above facts. The court on the law adjudged for plaintiffs. On error to this court;</p> <p>Held:</p> <p>1. The county court had jurisdiction of the suit to sell the land to pay the debts.</p> <p>2. It must be presumed that it took jurisdiction on that ground.</p> <p>3. It was then a court of general jurisdiction. Its decree must be presumed to be right until reversed, and cannot be collaterally assailed.</p> <p>4. Upon