Wilson v. Buchanan
Supreme Court of Virginia
This was a suit in equity in the Circuit court of Halifax county, instituted in February 1844 by William Wilson against John Buchanan and the sheriff of Halifax. The bill alleged that some eighteen months or two years before the filing thereof, John Buchanan became the surety of William Webb in a forthcoming bond.
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This was a suit in equity in the Circuit court of Halifax county, instituted in February 1844 by William Wilson against John Buchanan and the sheriff of Halifax. The bill alleged that some eighteen months or two years before the filing thereof, John Buchanan became the surety of William Webb in a forthcoming bond. That the bond had been forfeited, and by this means Buchanan had obtained a judgment against Webb for the amount of the bond and costs, and had levied his execution on six slaves the property of the plaintiff. That the said slaves were the absolute property of the plaintiff, were…
1Opinion of the Court
Allen. J.
delivered the opinion of the Court.
ijijjg @ourj js 0f 0pini0n, that upon the issue made hy the pleadings, and the evidence applicable thereto, there is no error in the decree; and the same is therefore affirmed, with costs to the appellee. But this affirmance of the decree is to be without prejudice to the right of the appellant to shew in any proper proceeding where that matter may be put in issue, that the judgment in favour of the appellee against said William Webb was rendered for too large a sum ; and that the credit endorsed on the execution of 124 dollars 85 cents does not…
2Cited by17 opinions
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- Cochran v. ParisSupreme Court of Virginia · 1854
- Rose v. DunkleeColorado Court of Appeals · 1899
- Rudy v. AustinSupreme Court of Arkansas · 1892
- Atkins v. AtkinsNebraska Supreme Court · 1885
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