Bolling v. Mullins
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Wise county in an action of assumpsit. Judgment for the defendant. Plaintiffs assign error.
1Opinion of the CourtWhittle, J.
This writ of error brings under review a judgment dismissing the plaintiffs’ declaration on demurrer, on the ground that the contract sued on is contrary to public policy and void.
The essential allegations of the declaration are that the plaintiffs, as sureties of W. R. Gilley, had paid off liens against him aggregating- $2,400, of which amount $1,700 still remained due from the principal debtor; that Gilley was insolvent with the exception of his ownership of a tract of land which was the subject matter of a lien creditor’s suit; that the defendant, Mullins, who desired to purchase the land,…
2Cases cited2 opinions
- Camp v. BruceSupreme Court of Virginia · 1898
- Cocks v. IzardSupreme Court of the United States · 1869
3Cited by2 opinions
- Fallon v. LayfieldWest Virginia Supreme Court · 1923
- Kincheloe v. TaylorSupreme Court of Virginia · 1918