Sexton v. Windell's adm'x
Supreme Court of Virginia
This was an action of debt in the Circuit court of. Wythe county, brought in September 1865, by David Sexton, assignee of Jacob Miller, against Margaret Windell. administratrix of William Windell, deceased, to recover the amount of a bond for $1,389, dated the 18th of July 1863, and payable two years after date, with interest from the date.
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This was an action of debt in the Circuit court of. Wythe county, brought in September 1865, by David Sexton, assignee of Jacob Miller, against Margaret Windell. administratrix of William Windell, deceased, to recover the amount of a bond for $1,389, dated the 18th of July 1863, and payable two years after date, with interest from the date. The bond stated on its face that it was in part payment of a tract of land that day deeded to Windell by Miller, and that it was payable in current funds when due. The defendant appeared and pleaded payment. Upon the trial of the cause the plaintiff…
1Opinion of the CourtStaples, J.
It is impossible to distinguish this case from that of Hilb v. Peyton, 22 Gratt. 530. The language of the two instruments may not be identical, but the provisions in each are so nearly alike in their legal effect, the same principles and rules of construction must govern in both cases. In Hilb v. Peyton a majority of this court held that parol evidence was admissible to show the real contract of the parties, notwithstanding the existence of á written obligation. If such evidence was proper in that case, it is clearly so in this. It is only necessary, therefore, to refer to that decision as…
2Cases cited3 opinions
- Boulware v. NewtonSupreme Court of Virginia · 1868
- Poague v. Greenlee's adm'rSupreme Court of Virginia · 1872
- McClung's adm'r v. ErvinSupreme Court of Virginia · 1872
3Cited by1 opinion
- Bradshaw v. CommonwealthCourt of Appeals of Virginia · 1993