Thompson v. Clark
Supreme Court of Virginia
Appeal from decree of circuit court of Pittsylvania county, rendered December, 1882, in a suit in chancery wherein W. J. Overby, sheriff, administrator with the will annexed of Tabitha M. Thompson, deceased, was plaintiff, and A. J. Clark and others were defendants. The bill was brought into equity on the sole ground of discovery and relief (in that forum) concerning a certain bond which the administrator had heard belonged to his testatrix.
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Appeal from decree of circuit court of Pittsylvania county, rendered December, 1882, in a suit in chancery wherein W. J. Overby, sheriff, administrator with the will annexed of Tabitha M. Thompson, deceased, was plaintiff, and A. J. Clark and others were defendants. The bill was brought into equity on the sole ground of discovery and relief (in that forum) concerning a certain bond which the administrator had heard belonged to his testatrix. The decision was adverse to the complainant, and he obtained an appeal to this court.
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The bill alleges that soon after the plaintiff’s appointment as administrator, with the will annexed of Tabitha M. Thompson, deceased, he was informed that the defendant, Clark, was indebted to his testatrix in the sum of $4,000, evidenced by bond; that said bond was in existence at time of the testatrix’s death, but that the plaintiff, after diligent search, has been unable to find it; that he has been unable to ascertain the date of the bond or the time at which it became due and payable, and that the same lias been destroyed or mislaid. And the…
2Cases cited6 opinions
- Fant v. MillerSupreme Court of Virginia · 1867
- Shurtz v. JohnsonSupreme Court of Virginia · 1877
- Moore v. UllmanSupreme Court of Virginia · 1885
- Johnson v. AndersonSupreme Court of Virginia · 1882
- Jones v. AbrahamSupreme Court of Virginia · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sadler v. TaylorWest Virginia Supreme Court · 1901
- Ward's Adm'r v. CornettSupreme Court of Virginia · 1895
- Grant v. Cumberland Valley Cement Co.West Virginia Supreme Court · 1905
- Smith v. Smith'sSupreme Court of Virginia · 1896
- Coldiron v. Asheville Shoe Co.Supreme Court of Virginia · 1896
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