Sutton v. Burruss
Supreme Court of Virginia
Assumpsit in the circuit court of Caroline county, by Hennj Burruss executor of the will of Thomas Burruss deceased, against John Sutton. Pleas, non assumpsit and non assumpsit within five years. The action was brought the 18th of July 1826, to recover a balance of ¿£4-8. 14. 7. alleged by the plaintiff to be due from the defendant to the said plaintiff’s testator. The first item in the account was as follows: “ 1807, Jan’y.
Read the full summary
Assumpsit in the circuit court of Caroline county, by Hennj Burruss executor of the will of Thomas Burruss deceased, against John Sutton. Pleas, non assumpsit and non assumpsit within five years. The action was brought the 18th of July 1826, to recover a balance of ¿£4-8. 14. 7. alleged by the plaintiff to be due from the defendant to the said plaintiff’s testator. The first item in the account was as follows: “ 1807, Jan’y. To 8-5|- acres of land, valued by reference to 58s. per acre, ¿£ 102. 19. 0.” None of the other debits were of later date, but there were some credits in 1811. At the…
1Opinion of the CourtParker, J.
I think it is necessarily to be inferred from the record in this case, that there never was such an accounting together between the plaintiff and defen*383dant, as would support the count of insimul computassent between Sutton and the plaintiff as executor. If there had been, no question could have arisen on the act of limitations, since five years had not elapsed from the death of the testator until the bringing of the action, and any liquidation of the accounts within that period would have been conclusive evidence to rebut the plea of the statute. The bill of exceptions, however, states that…
2Cases cited2 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Clementson v. WilliamsSupreme Court of the United States · 1814
3Cited by6 opinions
- Soble v. HermanSupreme Court of Virginia · 1940
- John W. Masury & Son v. Bisbee Lumber Co.Arizona Supreme Court · 1937
- Page v. Shenandoah Life InsuranceSupreme Court of Virginia · 1947
- Nesbit v. GalleherSupreme Court of Virginia · 1939
- Layman v. LaymanSupreme Court of Virginia · 1938
1 more not listed; retrieve them via the Exa API.