Penn v. Whitehead
Supreme Court of Virginia
This case was before this court in 1855, and is reported in 12 Grattan 74. The pleadings and interlocutory decree from which the appeal was taken are stated in that report. After the cause went back to the Circuit court Beverly Hargrove and others filed their bill in the same court, against the defendants in the first case, claiming to be creditors of Rloyd B. Whitehead, and seeking to subject the same fund to the payment of their 'debts.
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This case was before this court in 1855, and is reported in 12 Grattan 74. The pleadings and interlocutory decree from which the appeal was taken are stated in that report. After the cause went back to the Circuit court Beverly Hargrove and others filed their bill in the same court, against the defendants in the first case, claiming to be creditors of Rloyd B. Whitehead, and seeking to subject the same fund to the payment of their 'debts. And *they charge that the said concerns were conducted without making public the names of the parties and principals, as required by the 13th section of ch.…
1Opinion of the Court
MONCTJRE), P.,
delivered the opinion of the court:
When Floyd R. Whitehead commenced his mercantile business as agent of his wife Maria P. Whitehead in March or April, 1846, he was insolvent, having a short time before taken the oath of an insolvent debtor. He had a large family, consisting, besides himself and his *wife, of six children; three of whom were by a former marriage, and all of whom were under age, some of them being of very tender years. The family had no means of subsistence but what could be derived from *440a small separate estate, which had been settled on the wife by her husband,…
2Cases cited1 opinion
- Quarles v. LacySupreme Court of Virginia · 1814
3Cited by45 opinions
- Pereira v. PereiraCalifornia Supreme Court · 1909
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Hoge & Hutchinson v. TurnerSupreme Court of Virginia · 1899
- In re the Estate of BuchananWashington Supreme Court · 1916
- Burnett v. Hawpe's ex'orSupreme Court of Virginia · 1874
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