84 Va. 630 | Va. | 1888
delivered the opinion of the court.
This suit was by bill in chancery to enjoin trustees from selling under the deed from which their powers were derived, until proper accounts could be taken, and the balance due ascertained—First, by settling the transactions of a mutual agent employed after the execution of the trust deed, to make sale of wood and lumber and other property, and collect accounts, etc., as the agent of both sides; secondly, to settle accounts between the creditors and complainants, who were the debtors, and for general relief. This was all accomplished by proceedings in the cause in due form. Accounts were ordered, taken, and reported, and excepted to, exceptions overruled, and decree for sale under the deed, and report to court, in October, 1885, when an appeal was applied for and obtained to this court. This appeal was dismissed at the March term, 1886, for failure to print the record. A subsequent motion to reinstate this appeal was overruled. The effect of this dismission, under our law, is to affirm the decree complained of, and all antecedent proceedings in the cause, finally. By the eigh
The jurisdiction of the chancery court to settle the accounts growing out of the trust fund is undoubted. The fund having-been developed and ascertained, its rightful owners could be ascertained only by taking an account of the debts. Its jurisdiction having been thus rightly invoked and exercised, there was no reason to turn the parties around to another forum and to fresh litigation to finally settle these same accounts between them; for, when A court of equity has once acquired jurisdiction of a cause upon equitable grouuds, it may go on to complete adjudication, even to establishing legal rights, and granting legal remedies, which would otherwise be beyond the scope of its authority. Opinion of Staples, J., in Walters v. Farmers Bank of Va., 76 Va., 12. As was said by the Lord Keeper, afterwards Lord Chancellor, Nottingham, speaking- of this court in Parker v. Dee, 2 Ch., Cas. 200: “And when this court can determine the matter, it shall not be a handmaid to the other courts, nor beget a suit to be ended elsewhere.” The equity forum was not only eminently suitable to settle these
The jurisdiction of the equity court was rightly exercised, in proceeding to grant complete relief in the cause, and finally settling the rights of the parties in the cause; and, there being no error in the decree, the same will be affirmed.
Decree aeeirmed.