Legal Opinion

Smith's ex'or v. Spiller

Supreme Court of Virginia

Decided September 7, 1853Published

This was an action of debt in the Circuit court of Wythe county by Francis Smith’s executor against William H. Spiller. The action was on a bond in the following words: $4,000. Four years after date I bind myself, my heirs, &c. to pay Francis Smith or order four thousand dollars, for value received. Witness my hand and seal this 30th September 1823. Wm. H. Spiller. [Seal.] As the pleadings were finally made up, the issues were upon two pleas filed by the defendant.

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This was an action of debt in the Circuit court of Wythe county by Francis Smith’s executor against William H. Spiller. The action was on a bond in the following words: $4,000. Four years after date I bind myself, my heirs, &c. to pay Francis Smith or order four thousand dollars, for value received. Witness my hand and seal this 30th September 1823. Wm. H. Spiller. [Seal.] As the pleadings were finally made up, the issues were upon two pleas filed by the defendant. One of them the plea of non est factum with an affidavit stating the facts on which the plea was based: And on this plea the…

1Opinion of the CourtDaniel, J.

This suit is founded on a single bill in these words:

“ $ 4,000. Four years after date I bind myself, my heirs, &c. to pay Francis Smith or order four thousand dollars, for value received. Witness my hand and seal this 30th September 1823.

JVm. JH. Spiller. [Seal.]”

On the back of it was a memorandum in writing as follows:

“ Memo.—If I do not collect the money due on the within note of my nephew Hickman Spiller during my life, then it is never to be collected; and I give him that sum.

Francis Smith.

Sept. 30, 1823.

Teste: A. Findlay A

*322This memorandum appears to have been partially erased by means of…

2Cases cited2 opinions

  1. Kenyon v. KnipeWashington Supreme Court · 1890
  2. Price v. KyleSupreme Court of Virginia · 1852

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