Opinion. this street has been adjudged to be a lawfully-established street, and to which judgment he has not excepted in any form at any stage, in which he has acquiesced, and from which he has not appealed. The matter has become finally adjudicated and determined, and Semmes street being a public street of the city, lawfully established, he has no more right to obstruct it than any other citizen of the city. The proceedings were all in accordance with law, and the record of that case furnishes no justification for the acts prosecuted in this. A judgment of a court of competent jurisdiction upon a question directly involved in one suit is conclusive as to that question in another suit between the same parties. Min. Inst., Vol. IV., p. 719; Fishburne v. Ferguson, 85 Va. 324; Diehl v. Marchant, 87 Va., p. 449. The judgment of the hustings court upon the condemnation proceedings was final in the premises and conclusive of the question involved here. It follows that the judgment of the hustings court, appealed from here, must be affirmed. JUDGMENT AFFIRMED. Syllabus-Statement. Wytheville. PLEASANTS v. FLOOD'S ADM'R ET AL. June 16th, 1892. HEIRS AND DISTRIBUTEES-Purchase of encumbered land—Primary fundCase at bar.-A farm encumbered by trust and other liens was granted by husband to wife's use. She enjoined sale under trust deed, alleging it had been satisfied, and that before becoming aware of its satisfaction she had made payments, and prayed for account of liens and payments. Report showed first lien to be the trust debt, and the second her own, for moneys paid by her. Sale was decreed. She purchased the land and paid the cash, and gave her bonds for the deferred payments, and then died. Her heirs petitioned the court to require the bonds to be paid out of her personal estate, to the exoneration of the land, which descended on them. HELD: Under the circumstances, the land, and not the personalty, is primarily bound for the payment of those bonds, as the purchase was simply a mode of getting rid of the liens paramount to those owned by her, and was a personal undertaking that was merely collateral, and did not release the land from its primary liability under the trust deed. But this is material only as between her heirs and her distributees. Argued at Richmond. Decided at Wytheville. Appeal from decree of circuit court of Lynchburg city, rendered July 22d, 1890, in the chancery cause known by the style of Pleasants v. Flood's adm'r. The decree being adverse to the complainants, they appealed. Opinion states the case. R. G. H. Kean and J. T. Brown, for appellants. J. H. Lewis, H. D. Flood, W. M. Lile, and T. W. Harrison, for appellees. Opinion. LACY, J., delivered the opinion of the court. An agreed statement of the facts of the case is signed by the counsel on both sides, and certified by the clerk, from which the following case appears: One Ambrose R. Woodroof, by deed dated the 24th of May, 1861, conveyed a tract of land situated in Amherst county, called Pedlar Farm," of 597 acres, to Creed T. Wills and R. J. Davis, trustees, to secure to the Lynchburg Hose and Fire Insurance Company a loan of $3,000, for which he gave his bond of same date. The benefit of this bond and the trust deed subsequently was assigned to one John W. Woodroof, after it had been partly paid. Jennie P. Woodroof, the wife of the grantor in the said trust deed, did not unite in the deed in trust, and in 1875 she was divorced a vinculo matrimonii from her said husband, who had left the state and settled in California. On the 17th of August, 1875, the said Ambrose R. Woodroof conveyed with general warranty the said Pedlar farm to one Alfred M. Woodroof, trustee, for the sole and separate use of the said Jennie P. Woodroof, his wife, the consideration being stated to be, not only his love and affection for her, but her releasing her contingent right of dower in certain property, and assigning other property, which had been her separate estate; and the deed is silent as to any incumbrance on the said land. After Mrs. Woodroof's divorce she took her maiden name of Pleasants, and remained in possession of the said land for a number of years, when, in 1887, she married one Joel W. Flood. John W. Woodroof, the assignee of the $3,000 bond of May 24, 1861, died, leaving a will, of which James S. Dillard is the executor. After the death of John W. Woodroof and the qualification of his executor, and the marriage to Joel W. Flood in February, 1888, Dillard, the executor, called on Davis, the surviving trustee in the deed in trust of May 24, 1861, to enforce the VOL. LXXXIX-13 Opinion. deed by sale of the farm according to the terms of the deed, by requiring cash enough to pay the bond, then claimed to be $5,000, and the residue on a credit of one, two, and three years; and Davis, trustee, advertised the sale of the farm accordingly; whereupon Joel W. Flood and wife obtained an injunction from the circuit court of Lynchburg, claiming in the bill that the debt due Dillard, executor, had been paid by Ambrose R. Woodroof in 1874; that the money paid on the assignment of the bond to John W. Woodroof had been furnished by Ambrose R. Woodroof; that there had been payments made on the bond by Mrs. Flood before she became aware of the circumstances, and before she knew the bond had been paid, which had greatly reduced the amount. This bill was answered by Dillard, denying the substantial allegations of the bill; and at the next May term of the circuit court, 1888, Flood and wife filed an amended bill, charging, in addition to the matters stated in their original bill, that there were other out-standing liens appearing upon said land, representing debts of Ambrose R. Woodroof, some of which they charged had been satisfied, and others complainants knew to be due in whole or in part, and as to the others they knew nothing one way or the other. The amended bill proceeded to state and file six extracts of judgments against A. R. Woodroof prior to his deed conveying the said Pedlar farm to A. M. Woodroof, trustee for Mrs. Flood, aggregating over $5,600, with interest for 15 or 18 years, most of it at 12 per cent.; also a lien to Spence, trustee, by deed, to secure $7,500 to Woodroof and Spence, dated November 5, 1870; and praying an account to ascertain the relative rights of all the said lienholders, so as to show what liens exist, and their priorities; and that to the extent to which said Jennie P. Flood had made payments on account of the said debts secured in the deed of May 24, 1861, she should be substituted to the benefit of that security. An account was ordered, and the commis Opinion. sioner reported (1) whether any, and, if any, how much, of the debt claimed by Dillard, executor, was due, and how much was paid by Mrs. Flood; (2) an account of all the liens on the Pedlar farm, and their priorities; and (3) the value of the real estate. The report was excepted to, and exceptions sustained; so that the liens as established by the court appear to be: First lien, due Dillard, $4,105.61; second lien, amount paid by Mrs. Flood on said debt, $2,923.39; third lien, due C. H. Rucker, administrator, $1,002.89; and other liens, aggregating, with these mentioned, $37,338.49. All of these liens represent debts of A. R. Woodroof. The commissioner reported the estimated value of the land to be $5,500. The court confirmed the report as thus modified, having stricken out the Spence deed of trust as satisfied; and, deeming it proper to retain the administration of the fund and the execution of the deed of trust of the 24th of May, 1861, to Davis and Wills, trustees, decreed R. J. Davis, surviving trustee, to proceed as he shall be advised to sell the real estate according to the terms of the deed, and to make report of his proceedings to the court, bringing in therewith the proceeds of the sale, after paying the expenses of the sale, and the bonds he should take for the deferred instalments of purchasemoney. After this decree, Mrs. Flood paid to Dillard, executor, $1,131.60, and at their instance that sum was made by Davis, trustee, the amount to be required in cash of the purchaser; Dillard, executor, having agreed that, in the event Mrs. Flood should become the purchaser, said sum should be regarded as the cash payment, and the expenses of sale should be paid by Dillard out of it, and that bonds might be executed for the residue at one, two, and three years, with interest. At this auction sale Mrs. Flood became the purchaser, the sale being made by Davis, trustee, on the 17th January, 1889, at public auction, to the highest bidder; the price at which she purchased being $7,000. The cash pay |