Eppes v. Randolph
Court of Appeals of Virginia
This was an appeal from a decree of the High Court of Chancery, in a suit wherein the executors of Way les were plaintiffs, against David Meade Randolph, Richard Randolph, Ryland Randolph and Brett Randolph, sons and devisees of Richard Randolph, deceased; the hill stated, that in December, 1772, the said Richard Randolph, deceased, being indebted to Bevins in 740/. sterling, executed his bond, binding himself, his heirs, &c. for payment of" the same; that Wayles was…
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This was an appeal from a decree of the High Court of Chancery, in a suit wherein the executors of Way les were plaintiffs, against David Meade Randolph, Richard Randolph, Ryland Randolph and Brett Randolph, sons and devisees of Richard Randolph, deceased; the hill stated, that in December, 1772, the said Richard Randolph, deceased, being indebted to Bevins in 740/. sterling, executed his bond, binding himself, his heirs, &c. for payment of" the same; that Wayles was security to this bond. That Bevins going out of this State, left the bond with Wayles, who died in possession of it; no part…
1Opinion of the Court
PENDLETON, President.
(After stating the case, and mentioning that the Court were unanimous as to their judgment and the principles on which it was founded.) Delivered the resolution of the Court as follows:
We lay down this general proposition, that where a creditor takes no specific security from his debtor, he *150trusts him upon the general credit of his property, and a confidence that he will not diminish it to his prejudice. He has, therefore, a claim upon all that property, whilst it remains in the hands of the debtor; and may pursue it into the possession of a mere volunteer; but, not…
2Cases cited3 opinions
- Harvey v. AlexanderSupreme Court of Virginia · 1822
- West v. BelchesSupreme Court of Virginia · 1816
- M'Mahon v. FawcettSupreme Court of Virginia · 1824