Walters v. Farmers Bank
Supreme Court of Virginia
Appeal from decrees of chancery court of Richmond city pronounced 21st November, 1878, and 17th December, 1878, in the suit of the Farmers Bank of Virginia against Neal and wife, and A. G. Walters and others. In January, 1861, Louisianna F. Neal, by her husband and agent, Thomas D. Neal, made a negotiable note for $800, payable sixty days after date, and endorsed by said Walters. It was discounted by said bank.
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Appeal from decrees of chancery court of Richmond city pronounced 21st November, 1878, and 17th December, 1878, in the suit of the Farmers Bank of Virginia against Neal and wife, and A. G. Walters and others. In January, 1861, Louisianna F. Neal, by her husband and agent, Thomas D. Neal, made a negotiable note for $800, payable sixty days after date, and endorsed by said Walters. It was discounted by said bank. It was not paid at maturity, and notice of the protest thereof was duly given. In June, 1867, the bank instituted suit in chancery against Mrs. Neal, her husband, Treadway, her…
1Opinion of the CourtStaples, J.
It is conceded in this case that tbe appellees, as creditors of Mrs. Heal, bad tbe right to resort to a court of equity for tbe purpose of charging her separate estate, if any she bad, with tbe payment of her debts. The law is well established that a chancery court is tbe appropriate tribunal for tbe enforcement of tbe remedy in such case, inasmuch as no judgment in personam can be rendered against a married woman for liabilities incurred during tbe coverture.
Tbe court having thus properly acquired jurisdiction as •respects Mrs. Heal, and her separate estate,, tbe question arises, Was it…
2Cases cited1 opinion
- McArthur v. ChaseSupreme Court of Virginia · 1857
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