Ronald v. Barkley
U.S. Circuit Court for the District of Virginia
In November, 1799, Anne Barkley obtained a judgment in this court, against Elizabeth and Anne Ronald, infant heirs of-Ronald, for the sum of $3,011.50, with interest, at the rate of five per cent., from the 20th of June, 1791, till paid.
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In November, 1799, Anne Barkley obtained a judgment in this court, against Elizabeth and Anne Ronald, infant heirs of-Ronald, for the sum of $3,011.50, with interest, at the rate of five per cent., from the 20th of June, 1791, till paid. On this judgment, a writ of elegit was issued, which was levied on land and negroes, in the counties of Goochland and Powhatan, on the 6th and 8th of August, 1800, respectively, which were estimated, by the jury, at the yearly value of $555.50. These lands remained in the peaceable possession of Ronald’s heirs, until some time in the year 1805, when…
1Opinion of the Court
MARSHALL, Circuit Justice.
1st. The court will first consider the claim of Anne Barkley on the purchasers. It seems well settled, in modern practice, that the officer who executes an elegit does not put the creditor in actual possession of the land, but gives him only a legal possession, which he must enforce by ejectment. It seems, also, to be settled, that if the actual possession be withheld by the owner of the land, without the fault-of the tenant by elegit, he will have a right to hold over; but if, from the act of the creditor himself, or of a third person, the rents and profits of the…
2Cases cited3 opinions
- Mills v. DennisNew York Court of Chancery · 1818
- Hedges v. RikerNew York Court of Chancery · 1821
- Williamson v. Gordon's ExecutorsSupreme Court of Virginia · 1816
3Cited by2 opinions
- Cheney v. RoodhouseIllinois Supreme Court · 1890
- Wright v. ComleyAppellate Court of Illinois · 1884