Thomson v. Brooke
Supreme Court of Virginia
Appeal from decree of circuit court of Fauquier county in tlie suit of James S. Thomson against John M. Thomson and others, heirs of James Thomson, deceased, for the purpose of selling decedent’s land and dividing the proceeds. Decree of sale was rendered in 1858—John P. Phillips, counsel for plaintiff, and James V. Brooke, counsel for the defendants, were appointed commissioners to sell, and required to give bond in the penalty of $10,000, with good security.
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Appeal from decree of circuit court of Fauquier county in tlie suit of James S. Thomson against John M. Thomson and others, heirs of James Thomson, deceased, for the purpose of selling decedent’s land and dividing the proceeds. Decree of sale was rendered in 1858—John P. Phillips, counsel for plaintiff, and James V. Brooke, counsel for the defendants, were appointed commissioners to sell, and required to give bond in the penalty of $10,000, with good security. Phillips executed the bond. Sale made to Brandt Kincheloe. Cash payment made to Phillips and bonds executed to and returned by him for…
1Opinion of the CourtChristian, J.
The court is of opinion that the decree of the circuit court of Fauquier county, rendered on the 19th day of April, 1876, is essentially a final decree. It is a decree which settles all the principles of the cause, directs a disbursement of the fund in the hands of the administrator, directs the payment of costs, and leaves nothing else to be done in the cause, and upon its face declares that “this decree is final.” There was certainly nothing left to be adjudicated in that cause. And the finality of such a decree comes within the very definition of the authorities, as laid down by this court…
2Cases cited1 opinion
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
3Cited by15 opinions
- Hurley v. BennettSupreme Court of Virginia · 1934
- Dunn's Ex'rs v. RenickWest Virginia Supreme Court · 1895
- Furnald v. GlennCourt of Appeals for the Second Circuit · 1894
- Evans v. SpurginSupreme Court of Virginia · 1854
- Powers v. HowardSupreme Court of Virginia · 1921
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