Fairfax v. Muse's Executors
Supreme Court of Virginia
THIS was a suit in the Superior Court of Chancery for the Staunton District, in behalf of the executors of Battaile Muse against Ferdinando Fairfax and others, to foreclose the equity of redemption in certain lands mortgaged by Fair-fax to Muse in his life-time.
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THIS was a suit in the Superior Court of Chancery for the Staunton District, in behalf of the executors of Battaile Muse against Ferdinando Fairfax and others, to foreclose the equity of redemption in certain lands mortgaged by Fair-fax to Muse in his life-time. The Chancellor having made an interlocutory decree, and granted an appeal in vacation, ° , . which was dismissed by the Court of Appeals as improvidently allowed f (a) and the cause being remanded for farther proceedings; a decree was pronounced, upon an amended bill, answers, &c. on the 6th of April 1809, “ that the defendant…
1Opinion of the Court
The following was delivered by Judge Roane, as the opinion of this court.
*129“ The court is of opinion that, although an appeal once allowed can not be regularly dismissed from the appellate court, but in the mode prescribed by the statute, yet that the party obtaining it may, by his express consent, or by acts indicating such consent, estop himself from objecting the pendency thereof, and may by such acts, or consent, with the concurrence of the adverse party, restore the jurisdiction of the court below. And it appearing, in this case, that the appellant moved in the court below to amend the…
2Cited by7 opinions
- State ex rel. Mason v. Harper's Ferry Bridge Co.West Virginia Supreme Court · 1879
- Rhea v. ShieldsSupreme Court of Virginia · 1904
- Roberts v. RobertsSupreme Court of Virginia · 1857
- Walker's Ex'or v. PageSupreme Court of Virginia · 1872
- Walker's Ex'or v. PageSupreme Court of Virginia · 1872
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