Norvell v. Little
Supreme Court of Virginia
Appeal from decree of the circuit court of Montgomery county' entered 6th December, 1883, in the cause therein pending in the name of Little’s heirs v. Little’s administrator. At the October rules, 1881, a bill was filed in said circuit court by the widow and heirs of John Little, deceased, for settlement and distribution of his estate. The prayer was that the creditors be convened, their debts ascertained and paid, and the surplus distributed.
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Appeal from decree of the circuit court of Montgomery county' entered 6th December, 1883, in the cause therein pending in the name of Little’s heirs v. Little’s administrator. At the October rules, 1881, a bill was filed in said circuit court by the widow and heirs of John Little, deceased, for settlement and distribution of his estate. The prayer was that the creditors be convened, their debts ascertained and paid, and the surplus distributed. On 3d December, 1881, the cause was referred to a master to settle the administrator’s accounts and ascertain the debts and their priorities. The…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court:
The object of the suit was to convene the creditors, to ascertain and pay the debts of the estate, and to make distribution of the surplus. It was therefore, substantially, a creditors’ suit,” and time ceased to run against the claims of creditors, certainly upon the entry of the decree for an account. Harvey’s Adm’r v. Steptoe’s Adm’r, 17 Gratt. 289; Bank of the Old Dominion v. Allen et als., 76 Va. 200.
The defence set up in the circuit court against the claims of the appellant was based on the presumption of payment, by reason of the lapse of…
2Cases cited3 opinions
- Harvey's Adm'r v. Steptoe's Adm'rSupreme Court of Virginia · 1867
- Garlock v. GeortnerNew York Supreme Court · 1831
- Bank of the Old Dominion v. AllenSupreme Court of Virginia · 1882
3Cited by6 opinions
- Conrad's Adm'r v. FullerSupreme Court of Virginia · 1900
- Scott's Ex'x v. AshlinSupreme Court of Virginia · 1890
- Williams v. Croft Hat & Notion Co.West Virginia Supreme Court · 1918
- Ward v. ChurnSupreme Court of Virginia · 1868
- Ward v. ChurnSupreme Court of Virginia · 1868
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