Legal Opinion

Ashby's adm'or v. Porter

Supreme Court of Virginia

Decided September 16, 1875PublishedCited by 11 opinions

This was a suit in equity in the Circuit court of Clarke county, brought in August 1866 by Colin C. Porter against the administrator with the will annexed of Buckner Ashby, deceased, and others claiming under him, to subject the estate of said Ashby to pay a (jebt due to the plaintiff from Buckner Ashby & Sons, who had been partners.

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This was a suit in equity in the Circuit court of Clarke county, brought in August 1866 by Colin C. Porter against the administrator with the will annexed of Buckner Ashby, deceased, and others claiming under him, to subject the estate of said Ashby to pay a (jebt due to the plaintiff from Buckner Ashby & Sons, who had been partners. In ^he progress of the cause, under an order of the court, a commissioner reported an account of debts due from Buckner Ashby individually, and also of debts due from Buckner Ashby & Sons as partners. It does not appear that there was any dispute about any of the…

1Opinion of the Court

Moncure, P.

delivered the opinion of the court.

The principal questions involved in the case are, *457whether the debt in controversy was a good money debt, or a Confederate money debt, and if the latter, whether it should be scaled, and if so, in reference to what time the scale should be applied, whether to the time of the date of the note, or to the time of its maturity? The court below decided that the debt was a Confederate money debt, that it ought to be scaled, and that the scale should be applied in reference to the time of the dale of the note, and not the time of its maturity. Another…

2Cited by11 opinions

  1. Robinson v. AllenSupreme Court of Virginia · 1889
  2. Jarrett's Admrs. v. NickellWest Virginia Supreme Court · 1876
  3. Pettyjohn's Ex'ors v. Woodruff's Ex'orSupreme Court of Virginia · 1890
  4. Freeport Stone Co. v. Carey's Adm'rWest Virginia Supreme Court · 1896
  5. Archer v. WardSupreme Court of Virginia · 1853

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