Vaiden v. Stubblefield's ex'or
Supreme Court of Virginia
This was a suit in equity in the circuit court of Charles City county, brought in April 1868, by Henry D. Vaiden and Sarah M. his wife and others, devisees and legatees of John S. Stubblefield, dec’d, against Thomas H. Wilcox, executor of said Stubblefield, and on his death revived against his executor, for a settlement of the administration account of Wilcox upon the estate of said Stubblefield.
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This was a suit in equity in the circuit court of Charles City county, brought in April 1868, by Henry D. Vaiden and Sarah M. his wife and others, devisees and legatees of John S. Stubblefield, dec’d, against Thomas H. Wilcox, executor of said Stubblefield, and on his death revived against his executor, for a settlement of the administration account of Wilcox upon the estate of said Stubblefield. John S. Stubblefield died in July 1858, leaving a will, which was admitted to probate in the same month, and Thomas II. Wilcox qualified as his executor. By his will he directed his executor to sell…
1Opinion of the CourtStaples, J.
The first question is as to the misjoinder of parties. It is contended by the counsel for the appellee, that two or more of the plaintiffs, having been paid their respective legacies, have no interest in the suit, and are therefore improperly joined as plaintiffs; and this objection may be taken by demurrer or plea, or even at the hearing. Admitting that the point would be fatal if taken in due time, the questidn arises whether it can be made for the first time in this court.
In this country, it is believed, the rule is well settled, that in cases of misjoinder of parties as plaintiffs in…
2Cited by10 opinions
- Burlew v. QuarrierWest Virginia Supreme Court · 1880
- Snyder v. CabellWest Virginia Supreme Court · 1886
- Ward v. FunstenSupreme Court of Virginia · 1889
- Richardson v. FarrarSupreme Court of Virginia · 1892
- Brent's Adm'r v. ClevingerSupreme Court of Virginia · 1883
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