Schofield v. Cox
Supreme Court of Virginia
This was a proceeding by foreign attachment, commenced in July 1841, in the Circuit court of Jefferson county, by Jesse Schofield against Luther J. Cox as an absent debtor, and Benjamin Ford and Daniel Snyder home defendants, having estate of the absent debtor in their hands. In the progress of the cause, J. & A. H. Herr were, on their petition, admitted as parties defendants, and claimed the fund in the hands of Ford & Snyder, under an assignment from Cox.
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This was a proceeding by foreign attachment, commenced in July 1841, in the Circuit court of Jefferson county, by Jesse Schofield against Luther J. Cox as an absent debtor, and Benjamin Ford and Daniel Snyder home defendants, having estate of the absent debtor in their hands. In the progress of the cause, J. & A. H. Herr were, on their petition, admitted as parties defendants, and claimed the fund in the hands of Ford & Snyder, under an assignment from Cox. The facts are as follows: Cox being seised of certain mill property subject to an incumbrance for 11,537 dollars, sold and conveyed two…
1Opinion of the CourtMoncure, J.
after stating the case, proceeded :
The Court below was of opinion that the assignees were entitled, and dismissed the bill of the attaching creditor. 1 think the Court below was right.
Let us enquire, first, How the case stands between Cox and his assignees ? And secondly, How it is affected by the intervention of the attaching creditor ?
First. How does the case stand between Cox and his assignees ? There appears to have been no agreement between Cox and Snyder & Ford for the payment of the prior incumbrance by the latter out of the purchase money; though Cox may have looked to that as the…
2Cases cited2 opinions
- Gwathmeys v. RaglandSupreme Court of Virginia · 1823
- Williamson v. GayleSupreme Court of Virginia · 1850