Wallop's adm'r v. Scarburgh
Supreme Court of Virginia
In May 1830, a judgment was rendered in the Circuit Court of Accomack, in favour of Henry F. Finney, as assignee of Skinner Wallop, against John W. Downing, George D. Downing and Samuel Bloxom and Elizabeth his wife, as devisees of William Downing, for the sum of 700 dollars, with interest and costs, to be levied on certain assets confessed by them to have been derived from William Downing by devise; and ® J 7 an extent was awarded to have the said assets delivered to the…
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In May 1830, a judgment was rendered in the Circuit Court of Accomack, in favour of Henry F. Finney, as assignee of Skinner Wallop, against John W. Downing, George D. Downing and Samuel Bloxom and Elizabeth his wife, as devisees of William Downing, for the sum of 700 dollars, with interest and costs, to be levied on certain assets confessed by them to have been derived from William Downing by devise; and ® J 7 an extent was awarded to have the said assets delivered to the plaintiff at their appraised annual value. At the same time the following entry was made upon the record : “ The plaintiff…
1Opinion of the CourtBaldwin, J.
The motion in this case to quash the writ of extendi facias, and the inquisition thereupon in the proceedings *4mentioned, was not made between the proper parties. This sufficiently appears upon the face of the judgment itself, and more distinctly from the writ and inquisition which it quashed; and into these we are at liberty to though not incorporated into a bill of exceptions, inasmuch as they must of necessity have entered into the consideration of the Court below, and formed the basis of its judgment, which without reference thereto would be wholly inoperative, and consequently a mere…
2Cited by7 opinions
- Clarke v. HogemanWest Virginia Supreme Court · 1878
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Reinhard, Meyer & Co. v. BakerWest Virginia Supreme Court · 1878
- Ragsdale v. HagySupreme Court of Virginia · 1852
- Paine v. TutwilerSupreme Court of Virginia · 1876
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