Gardner's Administrator v. Vidal
Supreme Court of Virginia
This was an appeal from the Superior Court of Law- of Caroline .County, where Vidal brought an action of debt against Rowe, admin * istrator of Gardner, on a bil! penal, said to have been executed by the said Gardner in his life-time. The Defendant pleaded, 1st, that -the writing aforesaid is not the Deed of the said Gardner; 2d, payment; and 3d, fully administered. On these pleas, issue was joined.
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This was an appeal from the Superior Court of Law- of Caroline .County, where Vidal brought an action of debt against Rowe, admin * istrator of Gardner, on a bil! penal, said to have been executed by the said Gardner in his life-time. The Defendant pleaded, 1st, that -the writing aforesaid is not the Deed of the said Gardner; 2d, payment; and 3d, fully administered. On these pleas, issue was joined. The Jury found a verdict, “ that the writing obligatory in the Declaration mentioned, is the Deed of the Defendant’s intestate; that the debt in the Declaration mentioned hath not been paid, &c-,…
1Opinion of the Court
Judge Greek'.
The verdict in this case is clearly ins'ufluuenl. in respect to' thfc *107plea of fully administered. The verdict upon that plea should ascertain the amount of assets in the hands of the Defendant, at the commencement of the suit, and at the time of the plea pleaded, to enable the Court to pronounce the proper Judgment. If, at 1he infititution of the suit, there be outstanding debts of superior dignity, or unsatisfied Judgments, the Defendant must plead them specially, or he cannot avail himself of them upon the general plea of plene udminisiravit, unless he has actually paid them…
2Cases cited1 opinion
- Edwards v. StateWashington Supreme Court · 1891
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- Williams v. EwartWest Virginia Supreme Court · 1887
- Nicholson v. CarrIndiana Supreme Court · 1832
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