Pulliam v. Winston
Supreme Court of Virginia
Pulliam exhibited his bill against Winston and Scott, in the county court of Hanover in chancery, stating, that Pulliam executed his bond to Scott as administrator of Richardson, for 47 dollars, for the. hire of slaves of Richardson’s estate, which bond Scott assigned to Winston, who had brought a suit upon it, and recovered judgment on the law side of the court: that Pulliam had just set-offs against the claim, of which he was preparing to avail himself at law, but the…
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Pulliam exhibited his bill against Winston and Scott, in the county court of Hanover in chancery, stating, that Pulliam executed his bond to Scott as administrator of Richardson, for 47 dollars, for the. hire of slaves of Richardson’s estate, which bond Scott assigned to Winston, who had brought a suit upon it, and recovered judgment on the law side of the court: that Pulliam had just set-offs against the claim, of which he was preparing to avail himself at law, but the judgment was recovered by surprize (setting forth the circumstances of the surprize): that Scott, in his own right, was…
1Opinion of the Court
Tucker, P.
The dissolution of the.injunction was altogether proper. The injunction ought never to have been granted, for the reasons assigned by the president of this court, in White, Whittle & Co. v. Banister's ex'ors, 1 Wash. 166. which reasons apply as well to the case of a distributee *327as to that of a creditor. See also Brown's adm'x v. Garland, 1 Wash. 221. and Dale &c. v. Cooke, 4 Johns. Ch. Rep. 11. 13. The bond, in this case, though taken to the administrator himself, and therefore, at law, considered as his own bond, is to be looked upon, in equity, as the bond of the estate, until the…
2Cases cited4 opinions
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
- Dale v. CookeNew York Court of Chancery · 1819
- Freytag v. Northern Pacific RailroadWashington Supreme Court · 1890
- Hough v. ShreeveSupreme Court of Virginia · 1815