Tomlinson's Administrator v. Mason
Supreme Court of Virginia
Appeal from the Superior Court, of Greensville Count}1, where an action of debt was brought by the administrator of Tomlinson against Rives and Mason, on a bond executed by the Defendants to the Plaintiff, administrator as aforesaid. The Defendants pleaded several pleas, which, with the subsequent proceedings, arc fully set forth in the. following opinion. A conditional verdict was rendered, and Jugdment given for the Defendants. The Plaintiff appealed.
1Opinion of the Court
Judge Coalter
delivered the opinion of the Court.
This is an action of debt on a band taken by the Appellant on the sale of his intestate’s estate. There are several pleas; 1. That of payment. 2. That the bond was obtained by fraud, covin and mis • representation, in this, that it was given for the price of a slave (Jtt*170tilth) exposed lo public sal'e: that she was, at the time of the sale unsound and of no value; imd that the Plaintiff, at the time of the sale, knew that she was unsound, and of no value, but by deceit, &e. fraudulently concealed the same. 3. That the bond was obtained by fraud,…
2Cited by7 opinions
- State ex rel. Crumbacker v. SeabrightWest Virginia Supreme Court · 1879
- Fisher v. BurdettWest Virginia Supreme Court · 1883
- Davis' Adm'rs v. MeadSupreme Court of Virginia · 1856
- Snead v. ColemanSupreme Court of Virginia · 1851
- Ward v. ChurnSupreme Court of Virginia · 1868
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