Legal Opinion

Franklin's adm'r v. Depriest

Supreme Court of Virginia

Decided March 10, 1856PublishedCited by 16 opinions

This was an action in the Circuit court of Campbell county, brought in January 1851, by Williston Talbott, John Organ, Anselm Lynch and Adam Clement, justices of said county, at the relation of Patsey Depriest, against Lewis Franklin, and upon his death revived against his administrator. The action was founded on the official bond of John Rosser, as executor of Henry Wood, and was against Franklin as one of his sureties.

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This was an action in the Circuit court of Campbell county, brought in January 1851, by Williston Talbott, John Organ, Anselm Lynch and Adam Clement, justices of said county, at the relation of Patsey Depriest, against Lewis Franklin, and upon his death revived against his administrator. The action was founded on the official bond of John Rosser, as executor of Henry Wood, and was against Franklin as one of his sureties. The declaration, after setting out the execution of the bond and the qualification of Rosser as executor of Wood, set out the proceedings in a suit in chancery instituted in…

1Opinion of the CourtLee, J.

I am of opinion that the third plea offered by the plaintiffs in error that Clement one of the persons to whom the bond sued on was made payable, was not one of the justices sitting in the court at the time the bond was executed, was naught and was properly rejected by the court. By the bond itself the parties who executed it acknowledged and declared that the four persons to whom it was made payable were justices of the county, then sitting, and it was acknowledged by them in open court and ordered to be recorded. They are therefore estopped now from averring the contrary upon the general…

2Cases cited1 opinion

  1. Bush v. BealeSupreme Court of Virginia · 1844

3Cited by16 opinions

  1. Gilmer's Adm'r v. Baker's Adm'rWest Virginia Supreme Court · 1884
  2. Monteith v. CommonwealthSupreme Court of Virginia · 1859
  3. Findley v. FindleyWest Virginia Supreme Court · 1896
  4. Gibson v. BeckhamSupreme Court of Virginia · 1862
  5. Ashby v. Bell's Adm'rSupreme Court of Virginia · 1885

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