Legal Opinion

Huston's Adm'r v. Cantril

Supreme Court of Virginia

Decided April 15, 1840Published

Appeal from a decree of the late superior court of chancery holden at Staunton. The record, as originally certified to this court, presented the case as follows; In December 1782, George Clendenin and George Huston executed to John Mayo jr. an obligation in these words; “Know all men by these presents that we George Clendenin and George Huston, one of Greenbrier county and the other of Rockingham county, are held *and firmly bound unto John Mayo jr. in the just quantity of…

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Appeal from a decree of the late superior court of chancery holden at Staunton. The record, as originally certified to this court, presented the case as follows; In December 1782, George Clendenin and George Huston executed to John Mayo jr. an obligation in these words; “Know all men by these presents that we George Clendenin and George Huston, one of Greenbrier county and the other of Rockingham county, are held *and firmly bound unto John Mayo jr. in the just quantity of thirty thousand pounds weight of inspected crop tobacco with the casks, inspected at Richmond or Manchester on James…

1Opinion of the Court

*BROCKFNBROUGH, J.

The bond executed by Clendenin as principal, and Huston as surety, to Mayo, bears date as far back as 1782. After various efforts made bjr the creditor, he at length, in 1800, obtained a judgment against Huston the surety, who paid the amount of the debt on the 29th of May 1800. The supplemental bill by which Cantrii and wife, and the other daughters of Clendenin and their husbands, were made parties, was filed on the 21st of July 1827. That bill seeks to set aside certain deeds as voluntary and fraudulent, by which Clendenin had conveyed some slaves to his three infant…

2Cases cited10 opinions

  1. Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
  2. Hunt v. RhodesSupreme Court of the United States · 1828
  3. Ricard v. WilliamsSupreme Court of the United States · 1822
  4. Prevost v. GratzSupreme Court of the United States · 1821
  5. WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830

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