Carter v. Carter
Supreme Court of Virginia
Appeal from a decree of the circuit court of Loudoun county, pronounced on the 24th day of October, 1884, in the suit of Geo. Carter, Jr., complainant, against Mrs. E. O. Carter, B. G. Carter, and H. Heaton, trustee, and B. G. Carter, Jr., and E. O. Carter, Jr., infants, defendants.
Read the full summary
Appeal from a decree of the circuit court of Loudoun county, pronounced on the 24th day of October, 1884, in the suit of Geo. Carter, Jr., complainant, against Mrs. E. O. Carter, B. G. Carter, and H. Heaton, trustee, and B. G. Carter, Jr., and E. O. Carter, Jr., infants, defendants. The object of the suit was to annul a deed executed by Mrs. E. O. Carter, December 26, 1882, conveying to B. G. Carter a tract of land called “Moorland,” a bond of Dr. McCrae, and certain judgments; and also a deed of August 28, 1880, from her to H. Heaton, trustee, conveying a tract of land called Palser’s…
1Opinion of the CourtRichardson, J.
The appellants assign for error first the action of the circuit court in overruling the demurrer. For ground of demurrer they submit that there is nothing on the face of the bill, either in its original form or as amended, to show any right in the complainant to bring or to maintain this suit.
It is undeniably a fundamental rule that every bill in equity must clearly show on its face that the plaintiff is entitled ’to the relief demanded, or such an interest in the subject matter as clothes him with a right to institute and maintain a suit concerning it. 1 Danl. Chy. Pr. 314; 1. Barton’s Chy.…
2Cases cited5 opinions
- Greer v. GreersSupreme Court of Virginia · 1852
- Parramore v. TaylorSupreme Court of Virginia · 1854
- Reed v. Cline's heirsSupreme Court of Virginia · 1852
- Elder's Ex'ors v. HarrisSupreme Court of Virginia · 1880
- Daily's Ex'or v. WarrenSupreme Court of Virginia · 1885
3Cited by7 opinions
- McKown v. McKownWest Virginia Supreme Court · 1923
- Lavell v. Gold's Adm'rSupreme Court of Virginia · 1874
- Lavell v. Gold's Adm'rSupreme Court of Virginia · 1874
- Lavell v. Gold's Adm'rSupreme Court of Virginia · 1874
- Tate v. VanceSupreme Court of Virginia · 1876
2 more not listed; retrieve them via the Exa API.