Kyle's ex'or v. Kyle
Supreme Court of Virginia
In the year 1812, David and William Kyle were merchants and partners doing business in the town of Fin-castle in the county of Botetourt. In that year, John M’lver executed to them his bond for 561 dollars 74J cents, payable on demand, and conveyed to Andrew Hamilton a tract of land in that county, in trust, to secure the payment thereof.
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In the year 1812, David and William Kyle were merchants and partners doing business in the town of Fin-castle in the county of Botetourt. In that year, John M’lver executed to them his bond for 561 dollars 74J cents, payable on demand, and conveyed to Andrew Hamilton a tract of land in that county, in trust, to secure the payment thereof. The same firm also'carried on business in the town of Lynchburg, and M’lver and Morris became indebted to them in 1388 dollars, and the partnership being dissolved in January 1825, M’lver and Morris, on the 3d of February, executed to the parties their bond…
1Opinion of the CourtStanard, J.
The first question is, were these cases in a condition to admit the final decree which was rendered by the *530court below, by which the bill in the original suit was dismissed, and the injunction awarded in the second made perpetual. As the cases were heard at the instance of, and final decrees sought by, both parties, if there be any construction of the pleadings that could place the cases in the predicament to justify a decision binding on the rights of all, such construction should be made.
In the original case, the executor of William Kyle, holding the bond of M’lver, and claiming title…
2Cited by7 opinions
- Hill v. ProctorWest Virginia Supreme Court · 1877
- Campbell's Adm'r v. WhiteWest Virginia Supreme Court · 1878
- Reid v. Stuart's Ex'orWest Virginia Supreme Court · 1882
- Callaghan's Adm'r v. CircleWest Virginia Supreme Court · 1878
- Tate v. VanceSupreme Court of Virginia · 1876
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