Williams v. Williams
Supreme Court of Virginia
In August 1847 Francis Williams filed his bill in the Circuit court of Pittsylvania, in which he charged that Thopias & Robert W. Williams, who were partners, made their negotiable note for six thousand dollars, payable to John McAlister, which was endorsed by McAlister and the plaintiff for the accommodation of the makers, and was discounted for them by the Farmers Bank of Virginia at Danville.
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In August 1847 Francis Williams filed his bill in the Circuit court of Pittsylvania, in which he charged that Thopias & Robert W. Williams, who were partners, made their negotiable note for six thousand dollars, payable to John McAlister, which was endorsed by McAlister and the plaintiff for the accommodation of the makers, and was discounted for them by the Farmers Bank of Virginia at Danville. That the note not being paid at maturity, was duly protested, and was paid by the plaintiff. That soon thereafter Robert W. Williams and McAlister became insolvent, and Thomas Williams died. That the…
1Opinion of the CourtMoncure, J.
The court is of opinion that the appellant’s bill makes out a good case for equitable relief, and entitled him to an injunction to prevent the widow and heirs of the intestate Thomas Williams from receiving the purchase money of his real estate, but not to prevent the collection' of the money under the order of the County court. The suit in that court was instituted before the appellant’s suit in the Circuit court ,• and the latter should not interfere with the former suit, except to prevent the payment of the money to the widow and heirs until the appellant’s claim can be adjudicated. It…
2Cited by2 opinions
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