Brown's adm'r v. Johnson
Supreme Court of Virginia
These were two actions of debt in the Circuit court of Appomattox county, the first brought in August 1853 by John Johnson, assignee of John H. Johnson, against the administrator of James Brown deceased; and the second by the same plaintiff against the executor of William Isbell deceased. Both actions were founded on the same bond, which was executed to John H. Johnson by William Isbell as principal, and James Brown and William J. Dunn as his sureties.
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These were two actions of debt in the Circuit court of Appomattox county, the first brought in August 1853 by John Johnson, assignee of John H. Johnson, against the administrator of James Brown deceased; and the second by the same plaintiff against the executor of William Isbell deceased. Both actions were founded on the same bond, which was executed to John H. Johnson by William Isbell as principal, and James Brown and William J. Dunn as his sureties. This bond bore date the 10th day of April 1844, and bound the obligors jointly, to pay to John H. Johnson the sum of eight hundred and…
1Opinion of the CourtLee, J.
The question in these cases is whether in an action under our statute against the representative of one who was jointly bound in an obligation with another who survives, and upon an issue to the merits going to the validity of the obligation and the right of the plaintiff to recover upon it, the surviving obligor is a competent witness for the defendant.
Isbell was the principal debtor and Brown, and Dunn whose testimony was offered, were jointly bound with him as sureties. In the case first named, then, that of Johnson v. Brown's adm'r, the witness Dunn has a direct and immediate interest to…
2Cases cited3 opinions
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- Jones v. RaineCourt of Appeals of Virginia · 1826
- Smith v. BlackSupreme Court of Pennsylvania · 1822
3Cited by5 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Claiborne v. ParrishCourt of Appeals of Virginia · 1795
- Claiborne v. ParrishCourt of Appeals of Virginia · 1795
- Claiborne v. ParrishCourt of Appeals of Virginia · 1795
- Field v. BrownSupreme Court of Virginia · 1873