Ewing's Adm'r v. Ferguson's Adm'r
Supreme Court of Virginia
In a cause depending in the circuit court of Botetourt, brought by Kyle’s guardian v. Kyle’s heirs, for the division of the estate of Robert Kyle, deceased, Fletcher H. Mays was appointed a commissioner to sell a house and lot and collect the puchase money; and the sureties on his bond given under this decree requiring him to give other security for their relief, Daniel P. Ewing became his surety in the new bond executed by him.
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In a cause depending in the circuit court of Botetourt, brought by Kyle’s guardian v. Kyle’s heirs, for the division of the estate of Robert Kyle, deceased, Fletcher H. Mays was appointed a commissioner to sell a house and lot and collect the puchase money; and the sureties on his bond given under this decree requiring him to give other security for their relief, Daniel P. Ewing became his surety in the new bond executed by him. Mays sold the house and lot, and paid over the first and second installments of the purchase money, to the parties entitled to it; but failed to pay over the third…
1Opinion of the CourtAnderson, J.
The plaintiffs in the original bill, had *530obtained a decree against Fletcher H. Mays in the suit of Kyle, guardian, v. Kyle’s heirs, in the circuit court of Botetourt county, for certain sums of money due them severally, payable out of the proceeds of certain real estate, which said Mays,’as special commissioner, had sold, and the proceeds of sale collected, under a decree of the court in said cause, which he had failed to pay over to them; for the payment of which Daniel P. Ewing was bound as his surety, in the bond which he gave as such special commissioner; and they filed their bill in…
2Cases cited3 opinions
- Stephenson v. TavernersSupreme Court of Virginia · 1852
- Harvey's Adm'r v. Steptoe's Adm'rSupreme Court of Virginia · 1867
- Kent's Adm'r v. Cloyd's Adm'rSupreme Court of Virginia · 1878