Sturdivant's adm'r. v. Raines's ex'or.
Supreme Court of Virginia
Debt on bond, by the executor of Raines against the administrator of Sturdivant, in the circuit court of Prince George. Pleas, payment and fully administered; on which issues were made up. The jury found the following verdict : “ We of the jury find for the plaintiff the debt in the declaration mentioned, to be discharged by the payment of £18. 16. 8. with interest from the 4th January 1806 till paid &c.
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Debt on bond, by the executor of Raines against the administrator of Sturdivant, in the circuit court of Prince George. Pleas, payment and fully administered; on which issues were made up. The jury found the following verdict : “ We of the jury find for the plaintiff the debt in the declaration mentioned, to be discharged by the payment of £18. 16. 8. with interest from the 4th January 1806 till paid &c. And we further find that assets more than sufficient to pay the debt, interest and costs came to the hands of the defendant to be administered.” Whereupon the court gave judgment against the…
1Opinion of the CourtCarr, J.
reviewed the cases cited at the bar, and then added—Without stopping to inquire whether this court went too far in Gardner v. Vidal, in requiring that the verdict should find the amount of assets, at the time of plea pleaded, it seems clear to me, from the whole tenour of these decisions, and the reason on which they stand, that the verdict before us must be pronounced insufficient. All the cases decide, substantially, I think, that it must appear from the verdict, that at the institution of the action, there were in the hands of the representative, assets not bound by superiour claims,…
2Cited by4 opinions
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