Legal Opinion

Janney's Ex'or v. Stephen's Adm'r

Court of Appeals of Virginia

Decided January 15, 1856PublishedCited by 9 opinions

Joseph Janney was entitled, by assignment, to the benefit of three judgments rendered by the Superior Court for the County of Berkeley on the 17th May, 1821, in favor of John Eloyd against Philip Nadenbousch, Adam Stephen and Edward Beeson, amounting in the whole to the principal sum of upwards of $2,200, besides interest and costs. These judgments were rendered on appeal bonds in which Naden-bousch was the principal obligor, and the other two his sureties.

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Joseph Janney was entitled, by assignment, to the benefit of three judgments rendered by the Superior Court for the County of Berkeley on the 17th May, 1821, in favor of John Eloyd against Philip Nadenbousch, Adam Stephen and Edward Beeson, amounting in the whole to the principal sum of upwards of $2,200, besides interest and costs. These judgments were rendered on appeal bonds in which Naden-bousch was the principal obligor, and the other two his sureties. Executions were issued on them against the bodies of the defendants on the 19th of June, 1821, and were levied on Nadenbousch alone, who…

1Opinion of the Court

FIELD, P.

This cause coming on to be heard on the transcript of the record, -was argued by counsel. On consideration whereof, the court is of opinion that there is no error in the decree of the 2nd June, 1836, in establishing the amount of the plaintiff’s claim at $4,130 97, with interest on $2,576 70, part thereof, from November 10th, 1832, nor so far as it gave a priority of lien to the claim of the Farmers and Mechanics Bank of Georgetown upon the lands of Adam Stephen, which *the plaintiff seeks to subject to the payment of his judgments. But that decree is erroneous, so far as it held…

2Cases cited1 opinion

  1. Sanford v. McLeanNew York Court of Chancery · 1831

3Cited by9 opinions

  1. Neely v. JonesWest Virginia Supreme Court · 1880
  2. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  3. Loughran v. KincheloeSupreme Court of Virginia · 1933
  4. Hockman v. HockmanSupreme Court of Virginia · 1896
  5. Briggs & Cobb v. BarnettSupreme Court of Virginia · 1907

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