Booth's executors v. Armstrong
Court of Appeals of Virginia
This was an appeal from a judgment of the District Court of Winchester. It was an action of debt, brought by the appellee, upon a bond given by the testator.
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This was an appeal from a judgment of the District Court of Winchester. It was an action of debt, brought by the appellee, upon a bond given by the testator. Plea, setting forth sundry judgments obtained against the defendant, and “ that he hath fully administered all the goods of the testator which had come to his hands to be administered, and that he hath not, nor had, See. any goods, &c. except the value of 133/. 3í. 3d. which are not sufficient to satisfy the said judgments, Sec. Replication, “ that the defendant hath, and on the day of commencing this suit had divers goods, &c. more than…
1Opinion of the Court
The Court
was of opinion, that the verdict ought to be set aside “ as being uncertain and insufficient in not finding on the issue, that the appellant had goods and chattels, which were of the decedent at the time of his death, in his hands to be administered, more than sufficient to satisfy the judgments in the appellant’s plea set forth, whereof he could have satisfied the appellee’s demand, or the value of the said goods and chattels, if not sufficient to satisfy the said demand.”
Judgment reversed, verdict set aside, and the cause remanded.(1)(1) Rogers' Adm. v. Chandler's Adm. 3 Munf. 66.…
2Cases cited1 opinion
- Eppes's Administrators v. SmithSupreme Court of Virginia · 1815