Legal Opinion

Tate v. Tate's

Supreme Court of Virginia

Decided August 4, 1881PublishedCited by 37 opinions

In. February, 1872, Mary C. Tate, in her own right and as administratrix of L. H. Tate, deceased, and Andrew H. Tate in bis own right and as administrator of said decedent, along with other parties, filed their bill in the circuit court of Smyth county, in which they alleged that a short time before the death of said L. H. Tate he and his brothers John B. Tate and Thomas M. Tate, then holding in common a large amount of real and personal property, entered into-an agreemnt by…

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In. February, 1872, Mary C. Tate, in her own right and as administratrix of L. H. Tate, deceased, and Andrew H. Tate in bis own right and as administrator of said decedent, along with other parties, filed their bill in the circuit court of Smyth county, in which they alleged that a short time before the death of said L. H. Tate he and his brothers John B. Tate and Thomas M. Tate, then holding in common a large amount of real and personal property, entered into-an agreemnt by which the said L. H. Tate and Mary C. Tate, his wife, released to the said J. B. and T. M. Tate all their interest in…

1Opinion of the CourtStaples, J.

We are of opinion that, according to the true intent and meaning of the contract óf the ,24th of October, 1865, John B. Tate and Thomas M. Tate are bound as well for the separate as for the co-partnership debts of Leonidas H. Tate. The stipulation is, “that John B. Tate and Thomas M. Tate shall pay the debts due from the said Leonidas H. Tate, John B. Tate and Thomas M. Tate, together with any sum that may be in arrear towards the purchase money of the Poston place, or that may be recovered against them by the widow and heirs of H. D. Poston, so as to leave said Leonidas H. Tate free from all…

2Cited by37 opinions

  1. Ames v. American National BankSupreme Court of Virginia · 1934
  2. Harrison v. StateCourt of Appeals of Maryland · 1975
  3. In re BooneU.S. Circuit Court for the District of Northern California · 1897
  4. Grant v. HarrisSupreme Court of Virginia · 1914
  5. Swann v. ThayerWest Virginia Supreme Court · 1892

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