Dykes & Co. v. Woodhouse's Administrator
Supreme Court of Virginia
This was an appeal from the Superior Court of Law for Norfolk county. John Biddle, administrator de bonis non of Thomas Woodhouse, deceased, brought an action of debt against Dykes 8? Co. on a judgment obtained by John Ansell, executor of the said Thomas Woodhouse, for $ 686 91 els. with interest &cf. The declaration describes the judgment as one obtained by John Ansell, executor of Thomas Woodhouse, deceased; but does not state that the judgment was for a debt due to…
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This was an appeal from the Superior Court of Law for Norfolk county. John Biddle, administrator de bonis non of Thomas Woodhouse, deceased, brought an action of debt against Dykes 8? Co. on a judgment obtained by John Ansell, executor of the said Thomas Woodhouse, for $ 686 91 els. with interest &cf. The declaration describes the judgment as one obtained by John Ansell, executor of Thomas Woodhouse, deceased; but does not state that the judgment was for a debt due to Woodhouse. The defendants pleaded mil tiel record, and issue was joined. The Court decided that there was such a record of…
1Opinion of the Court
Judge Greek :
This case presents the question, whether an administrator, de bonis non, can maintain an action of debt, or scire *288facias, upon a judgment obtained by an executor for a debt due by the testator.
In England, from time immemorial, an executor was, and still is, entitled to the surplus of the estate, after paying the debts and legacies of the testator; and this has been ° ° the law of Virginia, until the 1st of January, 1787, and still continues to be the law here, unless the act of 1785, ch. 61, (which took effect on that day,) abolished it by the provision, that if any person die…
2Cases cited4 opinions
- Andrews v. King CountyWashington Supreme Court · 1890
- Squire v. GreerWashington Supreme Court · 1891
- Farman v. Board of CommissionersIndiana Superior Court · 1873
- Kent v. ArmisteadSupreme Court of Virginia · 1813