Jones v. Bradshaw
Supreme Court of Virginia
This was a suit in chancery brought in the Circuit court of Lunenburg, and after-wards removed to the Circuit court of Nottoway, by Anderson B. Bradshaw *and Susan his wife, and some twenty-five others, grandchildren of William Hines deceased, against Lewellen Jones.
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This was a suit in chancery brought in the Circuit court of Lunenburg, and after-wards removed to the Circuit court of Nottoway, by Anderson B. Bradshaw *and Susan his wife, and some twenty-five others, grandchildren of William Hines deceased, against Lewellen Jones. The bill stated a bequest by William Hines of one-seventh of his slaves to his son Thomas Hines for life, and should he leave no lawful heirs of his body, the said slaves to be equally divided among all the testator’s grandchildren living at the death of Thomas Hines. It alleged that Thomas Hines died without having had a child;…
1Opinion of the CourtRobertson, J.
The only ground for the jurisdiction of á court of equity, in this case, is that a discovery'from the defendant was necessary to enable the plaintiffs to recover the slaves in controversy. The bill sufficiently alleges the necessity of such discovery, but the allegation is disproved by the evidence in the cause.
The exhibits from the case of Bradshaw v. Shore and others (including the depositions, which, it is apparent, were read on the hearing of this case), show that the plaintiffs had it- in their power to prove, independently *of any discovery which they might obtain from the defendant,…
2Cases cited3 opinions
- Beckley v. PalmerSupreme Court of Virginia · 1854
- Hudson v. KlineSupreme Court of Virginia · 1852
- Flemings v. Riddick's ex'orSupreme Court of Virginia · 1848
3Cited by13 opinions
- Slack v. JacobWest Virginia Supreme Court · 1875
- Thompson v. Whitaker Iron Co.West Virginia Supreme Court · 1895
- Cobb v. CobbWest Virginia Supreme Court · 1960
- Larkey v. GardnerSupreme Court of Virginia · 1906
- Hall's ex'or v. SmithSupreme Court of Virginia · 1874
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