Garland v. Loving
Supreme Court of Virginia
This was an appeal from the Lynchburg chancery court. Spotswood Garland and John Whitehead, guardians of the infant children of James Loving, and Samuel Loving, and Lunsford Loving, exhibited their bill and amended bill, against the said James Loving aud his wife, and the said infant children, together with Robert Kincaid, Solomon Matthews, and Nathan Lofftus. The bills were regularly answered, and proofs taken.
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This was an appeal from the Lynchburg chancery court. Spotswood Garland and John Whitehead, guardians of the infant children of James Loving, and Samuel Loving, and Lunsford Loving, exhibited their bill and amended bill, against the said James Loving aud his wife, and the said infant children, together with Robert Kincaid, Solomon Matthews, and Nathan Lofftus. The bills were regularly answered, and proofs taken. The suit was beard by consent, and the chancellor dismissed the bills with costs. The case was as follows : On the first of June, 1816, the defendant James Loving, being indebted to…
1Opinion of the Court
March 25.
Judge Coalter,
delivered the opinion of the court.
The court is of opinion, that this is a proper case for the consideration of the superior court of chancery, under that part of the act of assembly, concerning guardians, orphans, &c., which prescribes the mode by which a guardian may procure a sale of the real estate of his ward ; and that if any tiling occurred in relation to the appointment of the guardian ad litem, or in olher respects, which was not satisfactory to the chancellor, so that, in Ms opinion, further proceedings were necessary to enable him to pronounce a decree on the…
2Cited by12 opinions
- Daniel v. LeitchSupreme Court of Virginia · 1856
- Ammons v. AmmonsWest Virginia Supreme Court · 1901
- Caperton v. GregorySupreme Court of Virginia · 1854
- Smith v. WhiteSupreme Court of Virginia · 1907
- Frantz v. LesterWest Virginia Supreme Court · 1918
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