Buck v. Pennybacker's ex'ors
Supreme Court of Virginia
By deed executed by J. Dickerson, T. Amis and H. Conn of the first part, T. Duck of the second part, and J. & R. Withers of the third part—reciting, that Dickerson Amis, merchants and partners, were bound to indemnify H. Conn from all demands against him as a partner of a former house of Dickerson fy Conn, and as security for the due performance of that undertaking, Amis had mortgaged certain real estate to Conn; that Amis had mortgaged the same estate to Buck, to indemnify…
Read the full summary
By deed executed by J. Dickerson, T. Amis and H. Conn of the first part, T. Duck of the second part, and J. & R. Withers of the third part—reciting, that Dickerson Amis, merchants and partners, were bound to indemnify H. Conn from all demands against him as a partner of a former house of Dickerson fy Conn, and as security for the due performance of that undertaking, Amis had mortgaged certain real estate to Conn; that Amis had mortgaged the same estate to Buck, to indemnify him for indorsing notes at bank for Amis’s accommodation, and had then mortgaged it to J. R. Withers, to secure a debt…
1Opinion of the CourtCarr, J.
The only question worthy of consideration in this case, is, whether the proper parties are before the court ? The general rule is, that all persons interested in the subject of the suit, shall be made parties, in order that complete justice may be done, and future litigation prevented. These being the ends in view, and the rule adopted only as the *8means of accomplishing them, we should be careful not to sacrifice the end to the means; and, on this ground, courts often modify and bend the rule, making it subservient to convenience and justice. We are to decide, whether justice reqU¡reg that We…
2Cases cited5 opinions
- Brown v. RickettsNew York Court of Chancery · 1818
- Van Vechten v. TerryNew York Court of Chancery · 1816
- Clark v. LongCourt of Appeals of Virginia · 1826
- M'Clintic v. MannsSupreme Court of Virginia · 1815
- Malin v. MalinNew York Court of Chancery · 1816