Crawford v. Thurmond
Supreme Court of Virginia
Philip Thurmond and John Richeson exhibited a bill against Nelson Crawford and Daniel Shrader, in the county court of Amherst, in chancery, setting forth, that Shrader, a resident of Tennessee, recovered a judgement at law, in the same county court, against Thurmond and Richeson, for 993 dollars, with interest and costs: that, before the execution upon this judgement was delivered to the sheriff, Shrader having come to Virginia to collect the debt, a contract was made…
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Philip Thurmond and John Richeson exhibited a bill against Nelson Crawford and Daniel Shrader, in the county court of Amherst, in chancery, setting forth, that Shrader, a resident of Tennessee, recovered a judgement at law, in the same county court, against Thurmond and Richeson, for 993 dollars, with interest and costs: that, before the execution upon this judgement was delivered to the sheriff, Shrader having come to Virginia to collect the debt, a contract was made between him and 'Thurmond, whereby the latter agreed to sell Sh?-ader three slaves and a horse, and to pay him 30 dollars, and…
1Opinion of the CourtCake., J.
After discussing the cause upon the evidence, and determining it upon the merits for the appellees, said—It was objected, that the appellees, instead of filing this bill, might have moved the county court to quash the execution; and that having this complete remedy at law, equity ought not to entertain them. It is true, that every court has a right to watch over its process, and where it has been irregularly or fraudulently executed, to quash it, as being the best and speediest mode of doing justice. But this was not a question of fraud or irregularity, in the execution of process; no officer…
2Cases cited1 opinion
- Ambler v. D. Warwick & Co.Supreme Court of Virginia · 1829