Miller v. Blose's Ex'or
Supreme Court of Virginia
Thisxase was decided in September, 1876, but there was a motion for a rehearing of the decree, which was overruled at the present term of the court. It was a creditor’s suit in equity, instituted in March, 1870, in the circuit court of Rockingham county, by the executor of Jacob Blose, deceased, against the administrators and heirs of Jacob Miller, deceased, to subject the lands of said Miller to the payment of his debts.
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Thisxase was decided in September, 1876, but there was a motion for a rehearing of the decree, which was overruled at the present term of the court. It was a creditor’s suit in equity, instituted in March, 1870, in the circuit court of Rockingham county, by the executor of Jacob Blose, deceased, against the administrators and heirs of Jacob Miller, deceased, to subject the lands of said Miller to the payment of his debts. The only question in the cause is, whether a tract of land of seven hundred and thirty-two acres was the land of said Miller, or whether there was a resulting trust in favor…
1Opinion of the CourtChristian, J.
This case is brought up by appeal from a decree of the circuit court of Rockingham.
The original bill was filed by the executor of J. W. Blose, who sued for himself and all other creditors of Jacob Miller who might make themselves parties to the suit.
Its object was to subject the real estate in the hands of the heirs of Jacob Miller to the payment of his debts. The bill sets out certain judgments recovered against his administrator after his death, and the executions issued thereon, returned by the sheriff, “no assets in the hands of administrator”; and after alleging that the said Jacob…
2Cases cited1 opinion
- Sayers v. WallSupreme Court of Virginia · 1875
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- Woodward v. SibertSupreme Court of Virginia · 1886
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