Hughes v. Johnston
Supreme Court of Virginia
Iii May 1833 John H. Fulton and Beverley R. Johnston, executors of Charles C. Johnston deceased, and guardians of his two infant children, filed their bill in the Circuit court of Washington county against the said infants, to have a sale of a tract of land descended to them from their father.
Read the full summary
Iii May 1833 John H. Fulton and Beverley R. Johnston, executors of Charles C. Johnston deceased, and guardians of his two infant children, filed their bill in the Circuit court of Washington county against the said infants, to have a sale of a tract of land descended to them from their father. In their bill they state that there was a considerable sum due for the purchase money of the land; that the personal estate of their testator was not sufficient to pay his debts, and that it was for the interest of the infants that the land should be sold. That so believing, they had made a contract for…
1Opinion of the Court
Allen, P.
delivered the opinion of the court:
The court is of opinion, that as by the Code, p. 684, ch. 182, § 10, it is provided, that “the petition shall be rejected, when it is for an appeal from an interlocutory decree or order in a case, which the court or judge to whom it is presented deems it most proper should be proceeded in farther in the court below before an appeal is allowed therein,” it is equally competent for the appellate court after an appeal has been allowed, to dismiss the same as having been improvidently granted and remand the case, if it deems the case to be one in which…
2Cited by6 opinions
- Daniel v. LeitchSupreme Court of Virginia · 1856
- Estill v. McClintic's Adm'rWest Virginia Supreme Court · 1877
- Caperton v. GregorySupreme Court of Virginia · 1854
- Evans v. SpurginSupreme Court of Virginia · 1854
- Londons v. EcholsSupreme Court of Virginia · 1866
1 more not listed; retrieve them via the Exa API.