Loving & Wife v. Ashlin's Adm'r
Supreme Court of Virginia
Appeal from decree of circuit court of Fluvanna county. Lewis J. Walton, sheriff of said county, and, as such, a. d. b. n. c. t. a. of Eobert W. Ashlin, deceased, suing for himself and the other creditors of Stephen P. Johnson, deceased, was plaintiff, and John S. Bowles, executor of said Johnson, and M., only child of said Johnson, and wife of Edgar Loving, were defendants, in a creditor’s bill.
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Appeal from decree of circuit court of Fluvanna county. Lewis J. Walton, sheriff of said county, and, as such, a. d. b. n. c. t. a. of Eobert W. Ashlin, deceased, suing for himself and the other creditors of Stephen P. Johnson, deceased, was plaintiff, and John S. Bowles, executor of said Johnson, and M., only child of said Johnson, and wife of Edgar Loving, were defendants, in a creditor’s bill. A cross-bill was filed by Loving and wife against said executor, and, on demurrer, was dismissed, and Loving and wife appealed. Opinion states the facts.
1Opinion of the CourtChristian, J.
The original bill in this cause was a creditor’s bill, filed by the personal representative of Ashlin, who sued for himself and all other creditors of Stephen Johnson, who' will contribute to the costs and expenses of suit. The object of the suit was to subject the real estate of said Johnson to the payment of certain judgments recovered against his executor in favor of complainant.
This bill was taken for confessed as to the executor and heirs of Johnson, and by a decree of the circuit court entered on the 12th April, 1876, certain accounts were ordered to be taken by a commissioner.
Pending…
2Cases cited2 opinions
- Tabb's Curator v. CabellSupreme Court of Virginia · 1867
- Moorman v. SmootSupreme Court of Virginia · 1877
3Cited by2 opinions
- Burton v. DolphNorfolk County Circuit Court · 2014
- Wasserman v. MetzgerSupreme Court of Virginia · 1906