Sandidge's Ex'r v. Graves' Ex'r
Court of Appeals of Virginia
Lucy Quarles, by her last will, appointed Thomas Johnson and John Metcalfe her executors, and among other legaciés bequeathed to her nephew, John Poindexter, the sum of one thousand dollars. John Poindexter had many years before left the oountj’ of Louisa, in Virginia, where he had formerly resided, and had removed to the State of Kentucky.
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Lucy Quarles, by her last will, appointed Thomas Johnson and John Metcalfe her executors, and among other legaciés bequeathed to her nephew, John Poindexter, the sum of one thousand dollars. John Poindexter had many years before left the oountj’ of Louisa, in Virginia, where he had formerly resided, and had removed to the State of Kentucky. At the time of Mrs. Quarles’ death, in tie year 1841, the legatee, John Poindexter, was indebted to James S. Sandidge’s estate, and to one Charles Thompson, who proceeded severally and separately in equity in the Circuit Superior Court of Law and Chancery…
1Opinion of the CourtThompson, J.
In the first mentioned appeal, of San-didge’s ex’or v. Graves, &c. — the court is of opinion that the attaching creditor, by the service of his subpoena, acquired priority over the claim of the assignee Graves, the attachment having been served on Johnson, one of the executors of Mrs. Quarles, on the 13th, one day before the execution of the assignment, which bears date on the 14th September, 1841. See Erskine & Eichelberger v. Staley et als. 12 Leigh, 406; Farmers Bank v. Day, 6 Grat. 360. And that the service of the process upon Johnson only, and before his and Met-calfe’s qualification as…
2Cited by6 opinions
- Evans v. JoynerSupreme Court of Virginia · 1953
- Park v. McCauleyWest Virginia Supreme Court · 1910
- Ragsdale v. HagySupreme Court of Virginia · 1852
- Lancaster v. WilsonSupreme Court of Virginia · 1876
- Lancaster v. WilsonSupreme Court of Virginia · 1876
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