Legal Opinion

Raines v. Philips ex'or.

Supreme Court of Virginia

Decided November 15, 1829PublishedCited by 10 opinions

Debt on bond, by Raines against Philips executor of Philips, in tlxe circuit court of Prince George. Philips pleaded that the bond was not the deed of Ills testator.

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Debt on bond, by Raines against Philips executor of Philips, in tlxe circuit court of Prince George. Philips pleaded that the bond was not the deed of Ills testator. At the trial, the counsel for Raines proved, “ that the subscribing witness to the bond was dead, and then stated to the court that every inquixy had been made in the neighbourhood where he resided, to ascertain whether any person was acquainted with his hand writing, but after the most diligent search, no person who knew it could be found: and then he offered testimony to prove the hand writing of the obligor: but the court…

1Opinion of the Court

Brooke, P.

delivered the resolution of the court. It is now the settled rule, where' the witness to an instrument is dead, and it is impracticable, after all possible diligence has been used, to prove his hand writing, to admit proof of the hand writing of the party himself. (See Gilliam’s adm’r. v. Perkinson’s adm’r. and the cases there cited). But upon this bill of exceptions, it is difficult to say on what ground the evidence was rejected by the court. There is a great want of precision in its language. The judge said, that under the statement made hy the counsel for Raines (who, it seems,…

2Cited by10 opinions

  1. McDowell's Ex'or v. CrawfordSupreme Court of Virginia · 1854
  2. Bowyer v. ChesnutSupreme Court of Virginia · 1832
  3. Bowyer v. ChesnutSupreme Court of Virginia · 1832
  4. Harmon v. ThorntonIllinois Supreme Court · 1840
  5. McDowell's ex'or v. CrawfordSupreme Court of Virginia · 1854

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