Wilson v. Smith
Supreme Court of Virginia
John W. "Wilson and James M. Lilley being jointly entitled to a valuable property in the county of Augusta, known as the “ Greenville Mills,” a suit wasLrought for partition thereof, by the said Wilson against the said Lilly, in the Circuit court of said county.
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John W. "Wilson and James M. Lilley being jointly entitled to a valuable property in the county of Augusta, known as the “ Greenville Mills,” a suit wasLrought for partition thereof, by the said Wilson against the said Lilly, in the Circuit court of said county. Pending the suit, and it seems, before any decree was made therein, John W. Wilson died, leaving a widow, Margaret E. Wilson, and an only child, John W. Wilson, who was his heir at law; and also leaving a will, whereby he gave to his wife one-third of his estate, and appointed Alexander Brownlee, the father of his wife, his executor.…
1Opinion of the Court
Moncure, P.
delivered the opinion of the court.
The object of this suit is to annul a decree in another suit, the sale made under or confirmed by it and any conveyance which may have been executed in pursuance of said decree.
A decree of a court of competent jurisdiction, in a suit between proper parties, is valid and conclusive until reversed on some proper proceeding in the same suit and the same court, or on appeal to an appellate court; unless there be some sufficient ground of fraud or surprise to entitle the injured party to relief in some other suit.
If the decree in controversy in this…
2Cited by10 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Caperton v. GregorySupreme Court of Virginia · 1854
- Evans v. SpurginSupreme Court of Virginia · 1854
- Fox v. Cottage Building Fund Ass'nSupreme Court of Virginia · 1885
- Phippen v. DurhamSupreme Court of Virginia · 1852
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