Braxton v. Wood's adm'r
Supreme Court of Virginia
So much of the case as is necessary to present the question decided is as follows : Philip L. Grymes died in 1805, and by his will directed, that all his just debts and those of his deceased son should be paid.
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So much of the case as is necessary to present the question decided is as follows : Philip L. Grymes died in 1805, and by his will directed, that all his just debts and those of his deceased son should be paid. In 1811, Robert West, who had been appointed in 1809, administrator de bonis non with the will annexed of Grymes, confessed a judgment in the Circuit Court of Middlesex county, at the suit of William Wood’s executors, for £ 237. ’3. with interest on parts thereof, from various periods commencing the 1st of January .1805; “ if a sufficiency of the assets of the defendant’s testator’s…
1Opinion of the CourtDaniel, J.
I am of opinion that the judgment upon which this suit is founded is barred by the statute of limitations, 1 Rev. Code, ch. 128, § 5. I do not think there is any thing in the character of the judgment which made it incompetent for the plaintiffs to sue forth an execution upon it at any time within one 3mar after it was obtained. I regard the last clause or member of the judgment, as the result of an understanding or agreement between Wood’s ex’ors and West, the sole object of which was, in my opinion, to protect the latter from any risk of a devastavit which he might incur by confessing the…
2Cases cited2 opinions
- Gardner's Administrator v. VidalSupreme Court of Virginia · 1828
- Miller's executors v. RiceSupreme Court of Virginia · 1823
3Cited by1 opinion
- United States v. Dennis Harris, United States of America v. Reginald Boone, A/K/A Reggie, United States of America v. Alfred Caldwell, A/K/A Big Al, United States of America v. Jeffrey Woodhouse, United States of America v. Melvin McLaughlin United States of America v. Terrance Braxton, A/K/A Dink, United States of America v. Edward Calloway, A/K/A StinkCourt of Appeals for the Fourth Circuit · 1994