Bernard v. Scott's Administrator
Supreme Court of Virginia
This was an appeal from the Superior Court of King George, county. Arnold, administrator of Scott, made a moiion against Bernard, on a forthcoming bond.
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This was an appeal from the Superior Court of King George, county. Arnold, administrator of Scott, made a moiion against Bernard, on a forthcoming bond. The defendant pleaded orally that he had not forfeited his bond; and, on the part of the plaintiff, it was admitted that on the day of sale of the property mentioned in the bond, the defendant paid to the plaintiff the whole amount of the bond, except the sheriff’s commission; and on the other hand, it was admitted by the defendant, that he had not produced to the sheriff the property specified in the bond, at the day and place of sale. The…
1Opinion of the Court
Judge Cash:
This case, which was delivered to us as one too plain for argument, I have found exceedingly difficult and perplexing. A forthcoming bond being taken, the debtor, at the day of sale, pays to the creditor the lull amount of the debt, interest and costs, except the sheriff’s commission. The question is, could a motion be afterwards made, and execution awarded on this, as a forfeited delivery bond.
The act of 1769, though it did not create those bonds, was the first to prescribe their form, and give to them the *523force of judgments. I(. says that, “If the owner of the goods shall fail to…
2Cases cited2 opinions
- Scott v. HornsbyCourt of Appeals of Virginia · 1797
- Worsham v. EglestonCourt of Appeals of Virginia · 1797