Poindexter v. Burwell
Supreme Court of Virginia
Appeal from decree of the chancery court of the city of Richmond, pronounced May 14, 1884, in the cause of W. P. Burwell against Charles Poindexter and others. The original bill was filed in July, 1880, against Charles Poindexter as trustee, and in his own right, as the only defendant.
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Appeal from decree of the chancery court of the city of Richmond, pronounced May 14, 1884, in the cause of W. P. Burwell against Charles Poindexter and others. The original bill was filed in July, 1880, against Charles Poindexter as trustee, and in his own right, as the only defendant. An amended bill filed in August, 1882, made additional defendants of George, Alfred, William M., John E., and Thomas Poindexter, the devisees under the will of their father, James H. Poindexter, deceased. The will of said James H. Poindexter was admitted to probate in June, 1867, in the county court of Henrico…
1Opinion of the CourtRichardson, J.
(after stating the case), delivered the opinion of the court.
The appellants assign several errors, of which the first is, that the chancery court overruled the demurrer to the bill and amended bill. As a ground of demurrer, they say that the chancery court of the city of Richmond, Virginia, did not have jurisdiction to hear and determine the case presented by the bill, because the land in controversy is situated in the State of Texas.
The question of jurisdiction may always be raised by demurrer, and though no objection has been so taken, the court will dismiss the bill at the hearing if it…
2Cases cited3 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Barger v. BucklandSupreme Court of Virginia · 1877
- Salamone v. KeileySupreme Court of Virginia · 1885
3Cited by23 opinions
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- Sharp v. SharpSupreme Court of Oklahoma · 1916
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- Tennant's Heirs v. FrettsWest Virginia Supreme Court · 1910
- Hicks v. WynnSupreme Court of Virginia · 1923
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