Shiflett v. Orange Humane Society
Supreme Court of Virginia
This was an action of debt brought in 1845 in the Circuit court of Albemarle county, by the Orange Humane Society, a chartered institution, against Isaac Shiflett and George Martin, upon a bond executed by the latter to the former on the 29th of March 1839, in the penalty of 2077 dollars 18 cents, with condition to pay the sum of 1038 dollars 89 cents. The defendants appeared and pleaded payment, on which issue was joined.
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This was an action of debt brought in 1845 in the Circuit court of Albemarle county, by the Orange Humane Society, a chartered institution, against Isaac Shiflett and George Martin, upon a bond executed by the latter to the former on the 29th of March 1839, in the penalty of 2077 dollars 18 cents, with condition to pay the sum of 1038 dollars 89 cents. The defendants appeared and pleaded payment, on which issue was joined. They also offered a special plea under the act of 1831. This plea was very informal, but in substance it stated, That in 1787 one Monroe of the county of Orange bequeathed…
1Opinion of the CourtAIyHEJN, J.
The Court is of opinion, that if the plaintiff in error was entitled to any relief on account of the matters averred in his plea, such relief could only be afforded in a Court of equity, where upon a rescission of the contract the defendant in error could be reinvested with the interest alleged to have been sold to the plaintiff in error: It was, therefore, not competent to set up such matter in defence to the action at law brought to recover the purchase money agreed to be paid on such a contract touching the realty, by a plea under the statute in the nature of a plea of set-off; and the…
2Cited by4 opinions
- Mangus v. McClellandSupreme Court of Virginia · 1895
- Strickland v. GraybillSupreme Court of Virginia · 1899
- Watkins v. Hopkins' ex'orSupreme Court of Virginia · 1857
- Kennaird v. JonesSupreme Court of Virginia · 1852