Price's v. Fuqua's Administrator
Supreme Court of Virginia
This was a Bill of Injunction to stay proceedings on the judgment at law, in favour of Warren, Administrator of Fu~ ° 7 7 qua against Price’s Executor, which was affirmed by the Court of Appeals, as reported in 1 H. and M. 385. xhe Equity stated in the Bill, (which was filed in January • 1808,) was, that the complainant had uniformly been advised \ his counsei that he need not make any defence, except 3 7 3 7 e that furnished by the antiquity of the bond ; the legal…
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This was a Bill of Injunction to stay proceedings on the judgment at law, in favour of Warren, Administrator of Fu~ ° 7 7 qua against Price’s Executor, which was affirmed by the Court of Appeals, as reported in 1 H. and M. 385. xhe Equity stated in the Bill, (which was filed in January • 1808,) was, that the complainant had uniformly been advised \ his counsei that he need not make any defence, except 3 7 3 7 e that furnished by the antiquity of the bond ; the legal presumption being that the debt was paid, unless that presumpti0n should be repelled by evidence on the part of the plain- . . .…
1Opinion of the Court
Judge Roane
pronounced the Court’s opinion, that the decree be reversed, and the cause remanded to the Superior Court of Chancery, with directions to that Court to order a new trial of the issue at law, in the Superior Court for the County of Prince Edward.
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