Legal Opinion

Stuart's Ex'or v. Peyton

Supreme Court of Virginia

Decided December 21, 1899PublishedCited by 4 opinions

Appeal from a decree of the Circuit Court of Wythe county, pronounced September 27, 1897, in the chancery suit of Spiller for, &c. v. Stuart’s Ex’or and Others, in which the appellee asserted certain judgments against appellant.

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Appeal from a decree of the Circuit Court of Wythe county, pronounced September 27, 1897, in the chancery suit of Spiller for, &c. v. Stuart’s Ex’or and Others, in which the appellee asserted certain judgments against appellant. Counsel for the parties in the Circuit Court entered into the following stipulation: In the matter of the judgments filed before the commissioner by E. O. Peyton, assignee of George L. Peyton, against W. A. Stuart’s estate, the commissioner having by his report referred the questions involved in said matter to the court without deciding said questions, it is agreed…

1Opinion of the CourtWellford, J.

*812The record in this case brings under review a decree of the Circuit Court of Wythe county, rendered September 27, 1897, in a general creditor’s suit against the appellant as executor and himself and others as heirs and devisees of William A. Stuart. The appellee, claiming to be the assignee of George L. Peyton, presented his claim to the commissioner acting under the usual order of reference for the ascertainment of assets and liabilities of the estate of W. A. Stuart. In support thereof he filed four extracts from the records of the Circuit Court of Augusta county, each reciting a judgment…

2Cases cited5 opinions

  1. Camden v. StuartSupreme Court of the United States · 1892
  2. J. B. Campbell's ex'ors v. A. C. Campbell's ex'orSupreme Court of Virginia · 1872
  3. Coalter's ex'or v. BryanSupreme Court of Virginia · 1844
  4. Peyton v. StuartSupreme Court of Virginia · 1891
  5. Stuart & Palmer v. Heiskell's TrusteeSupreme Court of Virginia · 1889

3Cited by4 opinions

  1. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  2. Tidball v. Shenandoah National BankSupreme Court of Virginia · 1902
  3. Norfolk & Western Railway Co. v. DukeSupreme Court of Virginia · 1908
  4. Slaughter v. CommonwealthSupreme Court of Virginia · 1856

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