Barrett v. Floyd
Court of Appeals of Virginia
This was an appeal from the High Court in Chancery. In the year 177 , a British merchantman stranded and sprung a leak near one of the little islands in the Chesapeake, and, with her cargo, was totally abandoned by her crew. Berry Floyd, and others with him, came on board her, and began to save the cargo. Almost immediately after, Barrett, with another company, came up in a boat, and were asked to come on board, and work.
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This was an appeal from the High Court in Chancery. In the year 177 , a British merchantman stranded and sprung a leak near one of the little islands in the Chesapeake, and, with her cargo, was totally abandoned by her crew. Berry Floyd, and others with him, came on board her, and began to save the cargo. Almost immediately after, Barrett, with another company, came up in a boat, and were asked to come on board, and work. They replied, that they wished first to know on what terms; and were told that, if the vessel should be condemned as a prize to them, Floyd and others, that they, Barrett…
1Opinion of the Court
BY THE COURT.
It is not necessary to go over the extensive ground of conflict between the Courts of Common Law and Chancery. The jurisdiction of the Court of Chancery has regularly increased, and is found to be beneficial to society: it should rather be enlarged, than circumscribed. Numerous cases shew, that Courts of Chancery have interfered after trials at law. The case of a receipt evidencing the payment, of money, for which, notwithstanding, a judgment has been rendered; and that of a judgment against an executor on the plea of ne unques executor, may be put as examples. The latter was a…
2Cases cited1 opinion
- Terrell v. DickCourt of Appeals of Virginia · 1799