Harrison v. Harrison
Court of Appeals of Virginia
Henry Harrison, eldest son and heir at law of Henry Harrison, deceased, filed his bill in the High Court of Chancery, setting forth, that his father, on the 4th of July, 1763, became bound in a bond as security for his brother Robert, of Charles City county, for payment of 708?. Os. 6c?. to John Syme.
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Henry Harrison, eldest son and heir at law of Henry Harrison, deceased, filed his bill in the High Court of Chancery, setting forth, that his father, on the 4th of July, 1763, became bound in a bond as security for his brother Robert, of Charles City county, for payment of 708?. Os. 6c?. to John Syme. That a suit being afterwards instituted against them thereon in the General Court, Benjamin Harrison became bail for Robert, who, to secure the said Henry, (as well as the said Benjamin,) on account thereof, executed to him, on the 4th of November, 1766, a mortgage, duly recorded in Charles City…
1Opinion of the Court
PENDLETON, President.
Delivered the resolution of the Court to the following effect:
There is no doubt, but the cause was improperly heard for the want of the necessary parties. The executors or administrators of Henry, and not the heir, ought to have brought the suit; and if none such, it ought to have been suggested in the bill, and all the other children should have been made parties. The representatives of Robert Harrison ought also to have been before the Court, as they might have had if in théir power to have shewn payment or satisfaction. So that there is clear error upon these grounds;…
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