Legal Opinion

Almond v. Wilson

Supreme Court of Virginia

Decided September 15, 1881PublishedCited by 25 opinions

On tke 5tk of April, 1875, 'William A. Wilson filed his-kill in tke clerk’s office of tke circuit court of Rockbridge county, against David Firebaugk, Watson Almond, R. D. Firebaugk, trustee; Jane E. Firebaugk, wife of David Firebaugk; Mason & Goock, partners; and James W. Frazier, in wkick ke alleged tkat in October, 1861, David Firebaugk qualified as tke executor of H. A. Firebaugk, deceased, and tkat tke plaintiff and B. F. Firebaugk became tke sureties on kis bond in tke…

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On tke 5tk of April, 1875, 'William A. Wilson filed his-kill in tke clerk’s office of tke circuit court of Rockbridge county, against David Firebaugk, Watson Almond, R. D. Firebaugk, trustee; Jane E. Firebaugk, wife of David Firebaugk; Mason & Goock, partners; and James W. Frazier, in wkick ke alleged tkat in October, 1861, David Firebaugk qualified as tke executor of H. A. Firebaugk, deceased, and tkat tke plaintiff and B. F. Firebaugk became tke sureties on kis bond in tke penalty of $15,000; tkat tke said executor, in a suit brougkt by kimself for tke purpose of settling kis accounts, was…

1Opinion of the CourtStaples, J.

This is a bill in equity to subject to the lien of the appellee’s judgment his debtor’s estate alleged to have been fraudulently conveyed to various persons, all of whom are made defendants. There is no charge of combination and confederacy among these alienees, and the objection is made that the bill is multifarious in uniting several defendants having no privity or connection with each other. Although a plaintiff cannot demand several matters of different natures against several defendants; a demurrer will not lie even though the defendants be unconnected with each other, if they have a…

2Cases cited5 opinions

  1. Railroad Company v. Soutter Et Al.Supreme Court of the United States · 1872
  2. Henderson v. HuntonSupreme Court of Virginia · 1875
  3. Jones' Ex'ors v. ClarkSupreme Court of Virginia · 1875
  4. Boyden v. LancasterCourt of Appeals of Virginia · 1856
  5. Williamson's ex'or v. GoodwynSupreme Court of Virginia · 1852

3Cited by25 opinions

  1. Fishburne & Wife v. Ferguson's HeirsSupreme Court of Virginia · 1887
  2. Miller v. WillsSupreme Court of Virginia · 1897
  3. Lovejoy v. BaileyMassachusetts Supreme Judicial Court · 1913
  4. Cochran v. ParisSupreme Court of Virginia · 1854
  5. Tucker v. FosterSupreme Court of Virginia · 1930

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