Jackson v. Hopkins
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Princess Anne county, rendered October 4, 1892, in an action of debt, wherein the defendant in error was the plaintiff, and the plaintiffs in error were the defendants. E. Y. K. Hopkins, being indebted to Lascelle Jackson, executed a deed of trust on certain horses to E. M. Whitehurst to secure the debt. • When payment was demanded the debtor absconded, and the horses were removed to another part of the county.
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Error to a judgment of the Circuit Court of Princess Anne county, rendered October 4, 1892, in an action of debt, wherein the defendant in error was the plaintiff, and the plaintiffs in error were the defendants. E. Y. K. Hopkins, being indebted to Lascelle Jackson, executed a deed of trust on certain horses to E. M. Whitehurst to secure the debt. • When payment was demanded the debtor absconded, and the horses were removed to another part of the county. The trustee demanded possession of the horses of those in possession, for the purpose of making sale thereof, when the plaintiff, Maria…
1Opinion of the CourtBuchanan, J.
The demurrer to the declaration in this case, we think, ought to have been sustained.. The condition of the bond sued on, as stated in the declaration, was that the principal obligor therein would pay all costs and damages which might be awarded against him, or sustained by any person by reason of his suing out an action of detinue.
The breach assigned, and the damages claimed in each count of the declaration, were for the failure to pay and satisfy the damages sustained by the defendant in error by reason of the seizure and sale of her property in proceedings under section 2907 of the Code,…
2Cases cited2 opinions
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