Hunter v. Robinson
West Virginia Supreme Court
This was a bill in equity filed in the circuit court of Green-brier county at February rules, 1869, by Wallace Robinson, sheriff of that county, to whom was committed the estate of William Perkins, deceased, against John A. Hunter and Samuel C. Ludington.
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This was a bill in equity filed in the circuit court of Green-brier county at February rules, 1869, by Wallace Robinson, sheriff of that county, to whom was committed the estate of William Perkins, deceased, against John A. Hunter and Samuel C. Ludington. It alleged that the defendants, together with one Daniel H. Holnaker, deceased, had, in the lifetime of the latter, executed sundry bonds payable to the plaintiff’s decedent, two of which yet remained unpaid; that they were now lost or destroyed; that plaintiff’s decedent deceased in the year 1859, and William S. McChesney became his…
1Opinion of the Court
Berkshire, P.
Numerous objections are urged against the decree rendered in this case, none of which, it appears to me, can be sustained. The first is, that the court erred in not dismissing the bill (upon demurrer) for failing to make the personal representative of Daniel H. Stalnaker, deceased, a party; and also because it was not sworn to by the complainant. The object of the bill was to obtain a personal decree against Hunter and Ludington, the appellants, as the surviving obligors of the lost bonds executed' by them and the said Stalnaker to William Perkins, the appellee’s intestate. But…
2Cited by3 opinions
- Hickman v. PainterWest Virginia Supreme Court · 1877
- Campbell v. MyersWest Virginia Supreme Court · 1913
- Field v. BrownSupreme Court of Virginia · 1873