Billups v. Sears
Supreme Court of Virginia
Kemp Dillard of the county of Gloucester, executed to William C. Booker a deed bearing date the 7th day of October 1840, which, reciting that Dillard was indebted to James C. Sears the sum of 670 dollars, as by bond of that date, to Henry Sears the sum of 235 dollars, as by bond of same date, and that Henry Sears was bound as his surety to William H. Rowe Sfi Co., J. Sp S. Medlicott, William Anderson and Jasper C. Hughes, in sums of money amounting in the aggregate to 107…
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Kemp Dillard of the county of Gloucester, executed to William C. Booker a deed bearing date the 7th day of October 1840, which, reciting that Dillard was indebted to James C. Sears the sum of 670 dollars, as by bond of that date, to Henry Sears the sum of 235 dollars, as by bond of same date, and that Henry Sears was bound as his surety to William H. Rowe Sfi Co., J. Sp S. Medlicott, William Anderson and Jasper C. Hughes, in sums of money amounting in the aggregate to 107 dollars 23 cents, and that Dillard was indebted to George Booth in the sum of 50 dollars, due by bond, conveyed to Booker…
1Opinion of the CourtDaniel, J.
It appears to the Court, that since the trial of the action upon the indemnifying bond, the appellant has discovered material evidence tending to prove that the deed of trust of the 7th October 1840, is, so far as the same purports to have been made for the security and indemnity of the appellees James C. Sears and Henry Sears, fraudulent and void ; and that the failure to procure and furnish said evidence at said trial, is not to be attributed to any want of diligence on the part of the appellant. If, therefore, the questions involved in the defence to said action were cognizable only at…
2Cited by11 opinions
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- Cochran v. ParisSupreme Court of Virginia · 1854
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Nagle v. NewtonSupreme Court of Virginia · 1872
- Ruffner Bros. v. Welton Coal & Salt Co.West Virginia Supreme Court · 1892
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