Callaway's Administrator v. Saunders
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Erauiklin county, pronounced October 6,1899, in a snit in chancery under the style ■of Prunty for &c. v. Saunders S Others, wherein the appellant filed his petition and was admitted as a party.
1Opinion of the CourtBuchanan, J.
This is a creditor’s suit to subject the lands of a living debtor to the payment of the liens thereon. The statute of limitations was one of the defences relied on to defe'at the appellant’s demands. If the claim was barred by the statute, it will be unnecessary to consider the other defences. That question will, therefore, be first considered.
That one creditor may set up the statute of limitations against the demand of another, as was don© in this case, 'although the statute was not relied on by the debtor himself, seems now to be settled in this State. McCartney v. Tyrer, 94 Va. 198.
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2Cases cited3 opinions
- Stephenson v. TavernersSupreme Court of Virginia · 1852
- Piedmont & Arlington Life Insurance v. MaurySupreme Court of Virginia · 1881
- McCartney v. TyrerSupreme Court of Virginia · 1897
3Cited by6 opinions
- Monk v. Exposition Deepwater Pier Corp.Supreme Court of Virginia · 1910
- Blair v. Rorer's AdministratorSupreme Court of Virginia · 1923
- Lamon v. GoldWest Virginia Supreme Court · 1913
- McClanahan's Administrator v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1916
- Gunnell's Administrator v. Dixon's AdministratrixSupreme Court of Virginia · 1903
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