Strother's Adm'r v. Mitchell's Ex'or
Supreme Court of Virginia
Argued at Staunton, but decided at Richmond. Appeal from two decrees of circuit court of Frederick county, rendered 17th May, 1884, and 12tb June, 1884, respectively, in the chancery cause of Mary Mitchell’s executor against J. T. Strother’s administrator and others. Mary ~W. Tuley held J. T. Mitchell’s bond, dated 80th October, 1860, for $1,561.15. Mary Mitchell and J. T. Strother were sureties thereon.
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Argued at Staunton, but decided at Richmond. Appeal from two decrees of circuit court of Frederick county, rendered 17th May, 1884, and 12tb June, 1884, respectively, in the chancery cause of Mary Mitchell’s executor against J. T. Strother’s administrator and others. Mary ~W. Tuley held J. T. Mitchell’s bond, dated 80th October, 1860, for $1,561.15. Mary Mitchell and J. T. Strother were sureties thereon. In 1866, after the death of the sureties, judgment was bad on the bond against J. T. Mitchell alone. Tinder Mary Mitchell’s will, J. T. Mitchell, who was her son, was a legatee, and he…
1Opinion of the CourtLacy, J.
The appellee, Mary Mitchell’s executor, filed his bill in October, 1883, alleging, that on the 30th day of October, 1860, Joseph T. Mitchell, as principal, and J. T. Strother and Mary Mitchell, as co-securities, had executed a bond for §1,561.15 to Mary "W. Tuley, administratrix of Joseph Tuley, deceased; that the estate of Mary Mitchell, his testatrix, had been compelled to pay the whole debt, in a suit in the circuit court of Clarke county, in the name and style of Xaupi v. Mitchell’s ex’or; that Joseph T. Mitchell, the principal, was a bankrupt, and that Mitchell’s executor was entitled to…
2Cases cited1 opinion
- W. & C. Tarr v. RavenscroftSupreme Court of Virginia · 1855
3Cited by7 opinions
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- Kemp v. KempIndiana Court of Appeals · 1926
- In re Estate of Garratt, Superior Court of California, County of San Francisco1892
- Lee v. TapscottCourt of Appeals of Virginia · 1796
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