Terry v. Fontaine's Adm'r
Supreme Court of Virginia
Argued at Richmond. Decided at Wytheville. Appeal from decree of circuit court of Pittsylvania This was a creditors’ suit, commenced in September, 1883, in the circuit court of Pittsylvania county.
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Argued at Richmond. Decided at Wytheville. Appeal from decree of circuit court of Pittsylvania This was a creditors’ suit, commenced in September, 1883, in the circuit court of Pittsylvania county. The principal allegations of the bill were these: That the plaintiff, as the assignee of the Bank of Pittsylvania, recovered a judgment in 1875, in the circuit court of the United States at Lynchburg, against one William Fontaine for $3,496, with interest and costs; that' executions-on this judgment were at different times issued, all of which were returned “no effects,” and that -the judgment was…
1Opinion of the Court
Lewis, P.,
after stating the case, delivered the opinion of the court.
¥e are of opinion that the decree is right on several grounds. In the first place, passing by the technical *454objections of tbe appellees as to tbe authentication of the judgment sought to be enforced, the bill was rightfully dismissed on the ground of laches on the part of the plaintiff. The debt upon which the judgment is founded was contracted as early as March, 1865. The judgment itself was recovered in 1875. One of the conveyances charged to have been fraudulent was made in 1870, the last in 1875, and all, as the exhibits…
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