Arnold v. Barrow's Ex'or
Court of Appeals of Virginia
In April, 1849, Benjamin Barrow, ex’or of William Barrow, dec’d, obtained against James Arnold, a judgment for $1,000, on a bond executed by Arnold to his testator in 1836. Arnold obtained an injunction against the execution of this judgment, which in 1849 was dissolved by a decree of the Circuit Court of Franklin, in which all these proceedings were had. From this decree Arnold appealed to this court. *The facts of the case sufficiently appear in the opinion of Judge Field.
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In April, 1849, Benjamin Barrow, ex’or of William Barrow, dec’d, obtained against James Arnold, a judgment for $1,000, on a bond executed by Arnold to his testator in 1836. Arnold obtained an injunction against the execution of this judgment, which in 1849 was dissolved by a decree of the Circuit Court of Franklin, in which all these proceedings were had. From this decree Arnold appealed to this court. *The facts of the case sufficiently appear in the opinion of Judge Field. Patton, for appellant — contended, that though the bond was nominally a loan, it never was intended by the testator…
1Opinion of the Court
FIELD, P.
In September, 1836, the appellant executed his bond to his father-in-law, William Barrow', for the sum of $1,000. Barrow died without having collected the amount due on the bond, or any part thereof, either of principal or interest. His will bears date August 31st, 1841, and was recorded May the 6th, 1848. After which time, Benjamin Barrow, the executor, instituted suit, and recovered judgment on the bond, against the appellant, for principal, interest and costs. The appellant contending that the money for which the bond had been executed had been given to him by his father-in-law,…
2Cases cited1 opinion
- Haverstock v. SarbachSupreme Court of Pennsylvania · 1841
3Cited by3 opinions
- Brook v. LatimerSupreme Court of Kansas · 1890
- McDearman v. HodnettSupreme Court of Virginia · 1887
- Ragsdale v. HagySupreme Court of Virginia · 1852