Brewis v. Lawson
Supreme Court of Virginia
Appeal from decree of corporation court of Alexandria, in suit of Anthony Lawson against E. M. Lawson, administrator d. b. n. c. t. a. of John Lawson, deceased, Eobert Brewis, William Brewis, James Brewis Davidson, John Smith, and Mary, his wife, Thomas Davidson, Joseph Henry Taylor, and Margaret Jane Davidson, and Elizabeth Davidson.
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Appeal from decree of corporation court of Alexandria, in suit of Anthony Lawson against E. M. Lawson, administrator d. b. n. c. t. a. of John Lawson, deceased, Eobert Brewis, William Brewis, James Brewis Davidson, John Smith, and Mary, his wife, Thomas Davidson, Joseph Henry Taylor, and Margaret Jane Davidson, and Elizabeth Davidson. John Lawson died in 1851 testate, leaving a widow, and giving his whole estate to his two nephews—Anthony Lawson, the plaintiff, and Thomas Anthony Brewis. The latter qualified as executor. The executor paid all the debts except the plaintiff’s claim, and…
1Opinion of the CourtBurks, J.
A judgment (by default at least) against a personal representative in a suit to which the heirs or devisees of the decedent are not parties, is not evidence against such heirs or devisees in a -suit or proceeding by the creditor to subject the real estate, descended or devised, to the payment of the debt; and the reason assigned is, that there is no privity between the representative and such heirs or devisees. It was so held by this court at an early day (1810) in Mason’s Devisees v. Peter’s Adm’r, 1 Munf. 437, and the decision has been since repeatedly recognized as authority. See Foster,…
2Cases cited7 opinions
- Hanger v. AbbottSupreme Court of the United States · 1868
- Brown v. HiattsSupreme Court of the United States · 1873
- Boykin v. CookSupreme Court of Alabama · 1878
- Robertson v. WrightSupreme Court of Virginia · 1867
- Deneale v. ArcherSupreme Court of the United States · 1834
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Staples' Ex'ors v. StaplesSupreme Court of Virginia · 1888
- Peirce v. GrahamSupreme Court of Virginia · 1888
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Catron v. BosticSupreme Court of Virginia · 1918
- Saddler's Adm'r v. Kennedy's Adm'rWest Virginia Supreme Court · 1885
11 more not listed; retrieve them via the Exa API.