Dow v. Adam's Administrators
Supreme Court of Virginia
William Wilson and William Herbert, surviving administrators of Robert Adam deceased, brought their action for covenant broken against Janet Dow, assignee of Peter Dow, in the Superior Court of law of Loudoun county.
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William Wilson and William Herbert, surviving administrators of Robert Adam deceased, brought their action for covenant broken against Janet Dow, assignee of Peter Dow, in the Superior Court of law of Loudoun county. The declaration was upon an indenture, whereby Robert Adam, on- the 13th of December, 1785, demised to Peter Dow, his heirs and assigns forever, five tracts of land ; — the said Peter yielding and paying for the same, to the said Robert, his heirs and assigns, certain rents, therein reserved, on the days and years therein appointed. The breach assigned was, that, after the death…
1Opinion of the Court
Judge Roane
pronounced the court’s opinion, with an observation of his own subjoined, as follows:-
*23“ The court is of opinion, that although interest ought not “ to be given, as of course, in actions for the recovery of rent “ in arrear, it may nevertheless be given under circumstances to “ be judged of by the jury; and that, in case of a general ver- “ diet allowing interest, it shall be intended that sufficient cir- “ cumstances existed to justify the allowance thereof. — The “ court is further of opinion that the circumstances stated to the “ court in this case by the jury are not sufficient…
2Cases cited1 opinion
- M'Call v. TurnerCourt of Appeals of Virginia · 1797
3Cited by9 opinions
- Thomas v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1897
- Fred v. DixonSupreme Court of Virginia · 1876
- Fred v. DixonSupreme Court of Virginia · 1876
- Fred v. DixonSupreme Court of Virginia · 1876
- Mason v. MoyersSupreme Court of Virginia · 1844
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