Legal Opinion

Robertson v. Wright

Supreme Court of Virginia

Decided June 15, 1867PublishedCited by 8 opinions

Mary Brown brought a suit in equity against Maurice H. Garland, administrator of Archibald Robertson deceased (he being the only defendant), to recover a debt due her from said Robertson as executor of William Brown deceased.

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Mary Brown brought a suit in equity against Maurice H. Garland, administrator of Archibald Robertson deceased (he being the only defendant), to recover a debt due her from said Robertson as executor of William Brown deceased. Under an order in that cause said Garland settled^ before a commissioner an account of his transactions as administrator of Robertson, which was reported to the court and confirmed by its decree at April term, 1839. One of the items in the account thus settled and confirmed was a credit in the words and figures following: *“1835. November 17, By S. & M. H. Garland,…

1Opinion of the CourtJoynes, J.

The court is of opinion that the account of Maurice H. Garland, administrator of Archibald Robertson deceased, settled under the decree of the court in the suit of Mary Brown against Archibald Robertson’s ad-ifainistrator, is not, by reason of its having been settled in that suit and confirmed by the . court, even prima facie evidence as against the heirs at law of said Archibald Robertson, of the balance credited in said account as due from S. & M. H. Garland to said Archibald Robertson, or of the items of account out of which the said balance arose, because the said heirs were not parties…

2Cited by8 opinions

  1. Anding v. LevyMississippi Supreme Court · 1879
  2. Radford v. FowlkesSupreme Court of Virginia · 1889
  3. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  4. Brewis v. LawsonSupreme Court of Virginia · 1881
  5. First Baptist Church v. SymsNew Jersey Court of Chancery · 1893

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