Kendrick v. Whitney
Supreme Court of Virginia
This was a suit in equity in the circuit court of Scott county, brought in November 1859, by Whitney, Gushing & Comstock, partners, to subject the land of George H. Kendrick to satisfy a judgment they had recovered against him.
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This was a suit in equity in the circuit court of Scott county, brought in November 1859, by Whitney, Gushing & Comstock, partners, to subject the land of George H. Kendrick to satisfy a judgment they had recovered against him. The bill states that they recovered a judgment for $125, with interest, against Kendrick on the 3d of February 1856, which was docketed on the 9th of November 1858. That, by deed dated the 12th of August 1857, Kendrick had conveyed a tract of land to John A. Mann, in trust to secure H. F. Kendrick and William Nash, his sureties, in a debt of $1,065.66, due to Kent,…
1Opinion of the CourtStaples, J.
The appellants moved the circuit court of Scott county, at the March term 1874, to reverse an interlocutory decree by default of the same court rendered •on the 17th May, 1860. It appears that the notice upon which the motion was founded was served the 19th Kovember, 1873. If the date of serving the notice be adopted as the true time, rather than the date ■of making the motion, and if the period provided for üy the seventh section of the act of March 3d, 1866, *650known as the stay law, be excluded from the eompu-tation, still the motion was not made in five years-from the date of the decree of…
2Cases cited4 opinions
- Mettert's adm'r v. HaganSupreme Court of Virginia · 1868
- Hill v. BowyerSupreme Court of Virginia · 1868
- Davis v. CommonwealthSupreme Court of Virginia · 1861
- Moran v. BrentSupreme Court of Virginia · 1874
3Cited by29 opinions
- Fowler v. Lewis's Adm'rWest Virginia Supreme Court · 1892
- Rawlings' Ex'or v. RawlingsSupreme Court of Virginia · 1880
- Marling v. RobrechtWest Virginia Supreme Court · 1878
- Ryan's adm'r v. McLeodSupreme Court of Virginia · 1879
- Sturm v. FlemingWest Virginia Supreme Court · 1883
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