Powell v. Stratton
Supreme Court of Virginia
This was a suit in equity in the Circuit court of Powhatan county, and afterwards removed to the Circuit court of Goochland, instituted by Elizabeth Stratton the widow, and three others, the infant children of Milner S. Stratton, against Benjamin H. Powell and Henry Gordon, to recover moneys of the estate of Milner S. Stratton, which the plaintiffs alleged Powell had collected in the state of Mississippi.
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This was a suit in equity in the Circuit court of Powhatan county, and afterwards removed to the Circuit court of Goochland, instituted by Elizabeth Stratton the widow, and three others, the infant children of Milner S. Stratton, against Benjamin H. Powell and Henry Gordon, to recover moneys of the estate of Milner S. Stratton, which the plaintiffs alleged Powell had collected in the state of Mississippi. Powell demurred to the bill on various grounds, and among others, on the ground that the court had no jurisdiction to compel him to account for his administration upon the estate of Milner…
1Opinion of the CourtSamuels, J.
It is unnecessary in this case, to consider whether a personal representative, holding his appointment under .authority of foreign laws, if found in Virginia, can under all circumstances, be sued here in his official character. There is enough in the peculiar circumstances of this case to give jurisdiction to our courts. The appellant, the defendant below, resided in Virginia at the date of those transactions out of which this litigation arises: those transactions had their origin in this state. The bill alleges a case of fraud, and want of proper diligence against the appellant ; and upon…
2Cited by8 opinions
- Hooper v. HooperWest Virginia Supreme Court · 1889
- Davis v. Morriss' Ex'orsSupreme Court of Virginia · 1881
- Oney v. FergusonWest Virginia Supreme Court · 1895
- Wirgman v. Provident Life & Trust Co.West Virginia Supreme Court · 1917
- Andrews v. AvorySupreme Court of Virginia · 1858
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