Ewart v. Saunders
Supreme Court of Virginia
This was a suit in equity in the County court of Pulaski county, brought in June 1871 by S. D. Saunders, to subject certain real estate in said count3r, to satisfy a judgment which he had recovered in that court against John S. Rwart.
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This was a suit in equity in the County court of Pulaski county, brought in June 1871 by S. D. Saunders, to subject certain real estate in said count3r, to satisfy a judgment which he had recovered in that court against John S. Rwart. The bill, after setting out the judgment, which was $450, with interest from April 1st, 1856, and costs, subject to two credits, amounting to $151.06, stated that the defendant was a non-resident of the state, and had no personal property *here out of which the plaintiff could make his judgment; but he owned two tracts of land in the county, one of them…
1Opinion of the CourtBouedin, J.
The first error assigned in this case is, that the court below erred in overruling the defense of payment by the appellant to Currin, as agent of the appellee.
There is no doubt that Currin was duly authorized in writing by the appellee, in the month of December 1861, to receive of the appellant the amount of the judgment in the proceedings mentioned, abating costs. The judgment, however, was for an ante-war or specie debt; and at the time the authority was given to Currin to receive it, we are at liberty to notice judicially, as an historical fact, that the common currency of the country was…
2Cases cited1 opinion
- Alley v. RogersSupreme Court of Virginia · 1869
3Cited by9 opinions
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- Abney-Barnes Co. v. Davy-Pocahontas Coal Co.West Virginia Supreme Court · 1919
- Brengle v. Richardson's Adm'rSupreme Court of Virginia · 1884
- Pilson v. BushongSupreme Court of Virginia · 1877
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