Mitchell's Adm'r v. Thompson's Adm'r
Court of Appeals of Virginia
Philip M. Thompson, administrator de .bonis non of Garland Thompson, dec’d, who was the assignee of Nathaniel Thompson, brought an action of debt in the Circuit Superior Court of haw and Chancery for the county of Henrico and city of Richmond, against Joseph Mayo, administrator de bonis non of Thomas Mitchell, dec’d, on a bond with condition in the penalty of •$S42 84. The declaration claimed the penalty of the bond, as if it were a single bill, making no mention of the…
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Philip M. Thompson, administrator de .bonis non of Garland Thompson, dec’d, who was the assignee of Nathaniel Thompson, brought an action of debt in the Circuit Superior Court of haw and Chancery for the county of Henrico and city of Richmond, against Joseph Mayo, administrator de bonis non of Thomas Mitchell, dec’d, on a bond with condition in the penalty of •$S42 84. The declaration claimed the penalty of the bond, as if it were a single bill, making no mention of the condition, and con■cluded as follows: “And the plaintiff in fact says, that the •■said Thomas Mitchell did not in his…
1Opinion of the Court
PINBD, P.,
delivered the opinion of the court.
It appears from the record in this case, that Thomas H. Mitchell, on the 3d of August, 1818, executed a bond in the penalty of $542 84 to Nathaniel Thompson, who assigned the bond to Garland Thompson. Both Garland Thompson and Mitchell having died, suit was brought on the bond by Philip M. Thompson, *administrator de bonis non of Garland Thompson, against Joseph Mayo, administrator of Thomas H. Mitchell, and judgment recovered for the penalty of the bond, to be discharged by the principal sum due, with interest and costs.
In the petition for the…
2Cases cited4 opinions
- Day v. PickettSupreme Court of Virginia · 1813
- Green v. BaileySupreme Court of Virginia · 1816
- Graham & Scott v. Graham & LaneSupreme Court of Virginia · 1814
- Hammitt v. Bullett's ExecutorsCourt of Appeals of Virginia · 1799
3Cited by2 opinions
- Ragsdale v. HagySupreme Court of Virginia · 1852
- Davis' Adm'rs v. MeadSupreme Court of Virginia · 1856