White v. Valley Building & Investment Co.
White v. Valley Building & Investment Co.
Opinion of the Court
delivered the opinion of the court.
We are met at the threshold of this case by a question of jurisdiction.
It appears that the Powell Real Estate Investment Company is the owner of a parcel of land in the city of Roanoke upon which rested two liens, the first being for about $1,000 in favor
The court below having held adversely to this pretension, appellants are here to have its decree reviewed.
It clearly appears from the record that each of the appellants made a separate and distinct loan on his own account to the company; that there was no joint interest or community of interest among them; that their respective claims each had for its foundation an independent contract which each had the right to enforce without regard to the other. Appellants have filed their petition in the court below as co-petitioners. This, however, was merely a measure of convenience, and in no way affected or changed the distinct character of their several demands, which remained as independent of each other as if they were enforcing their respective rights in different and independent proceedings.
Under these circumstances, the claim of each appellant being for a sum less than $500, this court is without jurisdiction in the premises. Umbarger v. Watts, 25 Gratt. 167.
Eor these reasons the appeal must be dismissed as improvidently awarded.
, ,. . , Appeal dismissed.
Reference
- Full Case Name
- White and Others v. Valley Building and Investment Co. and Others
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. Appeals&emdash;Amount in Controversy.&emdash;Where several parties unite in an appeal, and it appears that there is no joint interest or community of interest among them; that their respective claims each had for its foundation an independent contract which each had the right to enforce without regard to the other, and the interest of no one of them amounts to as much as $500, the appeal will be dismissed as improvidently awarded.