Ware v. Hylton
Supreme Court of the United States
ERROR from the Circuit Court for the Diftrifi of Virginia. The aflion was brought by William fanes, (but as he died, pendente lite, his Adminiftrator was duly fubftitut-ed as Plaintiff in the caufe) furviving partner of Parrel and fanes, fubjedls. of the king of Great Britain, againft Daniel Hylton & Co. and Francis Eppes, citizens of Virginia, on a bond, for the penal fum of ¡£.2976 11J fad. fterling, dated the 7th July, 1774. The Defendants pleaded, ift, Payment; and,…
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ERROR from the Circuit Court for the Diftrifi of Virginia. The aflion was brought by William fanes, (but as he died, pendente lite, his Adminiftrator was duly fubftitut-ed as Plaintiff in the caufe) furviving partner of Parrel and fanes, fubjedls. of the king of Great Britain, againft Daniel Hylton & Co. and Francis Eppes, citizens of Virginia, on a bond, for the penal fum of ¡£.2976 11J fad. fterling, dated the 7th July, 1774. The Defendants pleaded, ift, Payment; and, alfo, by leaveof the court, the following additional pleas in bar of the atftion. 2d. That the Plaintiff ought not to have…
1Opinion of the Court
The Cou-rt,
after great confideration, delivered their opinions, feriatim, as follow :
Chace, Jujtice.
The Defendants in error, on th ' day of July, 1774, palled their penal bond to Farrell and Jones, for the payment of f. 2,976 II 6, of good Britijh money; but the condition of the bond, or the time of payment, does not appear on the record.
On the 20th of-October, 1777, the legislature of the commonwealth of Virginia, palled a law to fequefier Britijh property, In the 3d fedliou of the law, it was enabled, “that it ihould be lawful for any citizen of Virginia, owing money to a fub-je£l of Great…
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