Roberts's Administrator v. Cocke
Supreme Court of Virginia
William Thompson filed his bill in chancery, in the county court of Halifax, against Henry E. Coleman administrator of Daniel Roberts deceased, stating, that in the year he (the said Thompson,) borrowed of Daniel Roberts deceased, the sum of 1001.; and to secure the payment thereof and to pay the interest, he put a certain negro man named Jerry, in pawn or pledge with the said Daniel Roberts; that the said Thompson not being able to redeem the said negro at the time…
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William Thompson filed his bill in chancery, in the county court of Halifax, against Henry E. Coleman administrator of Daniel Roberts deceased, stating, that in the year he (the said Thompson,) borrowed of Daniel Roberts deceased, the sum of 1001.; and to secure the payment thereof and to pay the interest, he put a certain negro man named Jerry, in pawn or pledge with the said Daniel Roberts; that the said Thompson not being able to redeem the said negro at the time appointed, was obliged to leave him in the possession of the said Roberts; that Roberts is since dead and Henry E. Coleman has…
1Opinion of the Court
JUDGE CO ALTER:
April 5
There are two questions presented by the_ record in this case; 1st. Was the transaction in the nature of a mortgage, or a conditional sale? 2nd. If the former, or if there is a doubt on the subject, ought the party to be permitted now to redeem, under all the circumstances of the case?
I think there is at least considerable doubt as to the real intention of the parties, and the true nature of the transaction; especially when the peculiar provisions of the written instrument are taken in connection with the cotemporaneous and subsequent conduct of the parties.
Upon the face…
2Cases cited1 opinion
- Chapman's Adm'x. v. TurnerCourt of Appeals of Virginia · 1798
3Cited by11 opinions
- Manion v. FahyWest Virginia Supreme Court · 1877
- Chapman's Adm'x. v. TurnerCourt of Appeals of Virginia · 1798
- Smith v. McLainWest Virginia Supreme Court · 1877
- Evans v. SpurginSupreme Court of Virginia · 1854
- Weathersly v. WeatherslyMississippi Supreme Court · 1866
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