Wooding's Ex'x v. Bradley's Ex'or

Citations

• 76 Va. 614
• 1881 Va. LEXIS 76

Syllabus

<p>1. Practice in Chancery—Exceptions to report after confirmation.—So long as cause is retained on docket the court may receive exceptions to commissioner’s report, even after its confirmation, if clearly shown that, if carried out, the report would work injustice.</p> <p>2. Idem—Idem—Case at bar.—Report of decedent’s debts allowed T, a creditor, $133.67, balance; report confirmed without exceptions; amount is paid T, but cause is retained on docket. Later, T files petition for rehearing, on the ground that commissioner had allowed on his claim a credit of $400, which had not been paid to him nor to any one authorized to receive it.</p> <p>Held :</p> <p>It was not error to rehear the cause and correct the report.</p> <p>3. Idem.—Rehearing of interlocutory decree is within the sound discretion of the court, and will be granted if essential to the ends of justice.</p> <p>4. Payment—Agency—Burden of proof'.—Debtor paying one not possessing the note or evidence of the debt, assumes the risk of the authority of the payee to collect the money, and the onus probandi is on debtor to prove that the payee had such authority.</p>