Legal Opinion

Beeson's adm'r v. Stephenson

Supreme Court of Virginia

Decided January 15, 1836Published

Debt on a bond with collateral condition, brought by Stephenson against Beeson’s administrator, in the circuit court of Wood.

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Debt on a bond with collateral condition, brought by Stephenson against Beeson’s administrator, in the circuit court of Wood. The declaration, after alleging the execution of the bond by Jacob Beeson, the defendant’s intestate, to John Stephenson, the plaintiff, set out the condition thereof, which was, in substance, that whereas the said Stephenson heir at law of David Stephenson deceased, had released and conveyed all his right and title in two lots in Parkersburg, which descended to him from his said ancestor, to Jane Stephenson the ancestor’s widow,—Beeson, in consideration thereof,…

1Opinion of the CourtCarr, J.

I think the objection to the admission of the record of the suit in the county court in evidence here, was very properly overruled. The record in that suit was counted upon in the declaration, and shewn to the court, and the defendant’s only plea was covenants performed. The defendant covenanted to pay the plaintiff such sum, not exceeding 195 dollars, as he should be made liable to pay as partner of J). Stephenson &f Co. or as D. Stephenson should be found indebted to that concern, on a full settlement of the partnership affairs. Surely, there could be no better way of ascertaining the…

2Cases cited1 opinion

  1. Buford v. BufordSupreme Court of Virginia · 1814

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