Smith's Adm'r v. Charlton's Adm'r
Supreme Court of Virginia
Warner Lewis of Gloucester countjq by his deed dated the 5th of January 1798, conveyed all his estate, real and personal, (except a parcel of land specified in the deed,) which had descended to him from his father, to John .Lewis and Wilson Cary Nicholas, in trust for the payment of his debts, then for the support of his family, and then for his children.
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Warner Lewis of Gloucester countjq by his deed dated the 5th of January 1798, conveyed all his estate, real and personal, (except a parcel of land specified in the deed,) which had descended to him from his father, to John .Lewis and Wilson Cary Nicholas, in trust for the payment of his debts, then for the support of his family, and then for his children. In November of the same year, Warner Lewis died, and by his will, after providing for his wife, he gave the residue of his estate to his two daughters; and if they died without issue, to his brother John Lewis.; who he appointed one of his…
1Opinion of the CourtDaniel, J.
The judgment upon which the decree sought to be reversed is founded, was rendered in the year 1802. No steps appear to have been taken to enforce the judgment until the institution of this suit in the year 1840.
Thomas Smith the intestate of the appellant William P. Smith, in his answer to the bill, set up two defences, to wit, the statute of limitations, and the presumption of satisfaction arising from the great delay in proceeding upon the judgment. It is insisted in the petition and in the arguments of counsel here, that both of said defences were good, and that the Chancellor erred in…
2Cases cited776 opinions
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- Durant v. Essex Co.Supreme Court of the United States · 1869
- Eisenbach v. HatfieldWashington Supreme Court · 1891
- United States v. SmithSupreme Court of the United States · 1877
- Davis v. BrownSupreme Court of the United States · 1877
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3Cited by21 opinions
- Werdenbaugh Adm'r v. ReidWest Virginia Supreme Court · 1882
- Richardson's Adm'r v. Prince George JusticesSupreme Court of Virginia · 1854
- Commonwealth v. AdcockSupreme Court of Virginia · 1851
- Commonwealth v. AdcockSupreme Court of Virginia · 1851
- Commonwealth v. AdcockSupreme Court of Virginia · 1851
16 more not listed; retrieve them via the Exa API.