Snead v. Coleman
Supreme Court of Virginia
This was an action of debt in the Circuit court of Henrico county, by Hawes Coleman and Mary G. his wife against Jesse Snead. The language of the writ was, “We command you that you take Jesse Snead executor of JohnG. Crouch deceased, ” &c. And the endorsement on the writ was, “An action of debt on a promissory note, and no bail required.”
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This was an action of debt in the Circuit court of Henrico county, by Hawes Coleman and Mary G. his wife against Jesse Snead. The language of the writ was, “We command you that you take Jesse Snead executor of JohnG. Crouch deceased, ” &c. And the endorsement on the writ was, “An action of debt on a promissory note, and no bail required.” The declaration was in the name of Hawes Coleman and Mary G. his wife, who before her intermarriage with said Coleman, was Mary G. Crouch, and complained of Jesse Snead as executor of John G. Crouch deceased, defendant, in custody, &c., of a plea that the…
1Opinion of the CourtMoncure, J.
The appellant complains that the judgment of the Court below was erroneously entered against him in his own right; instead of being entered against him as executor of John G. Crouch. I think the judgment was rightly entered, de bonis propriis. An executor may bind himself personally to pay the debt of his testator. But to make him liable the common law requires that the promise shall be on sufficient consideration; and the statute requires that it shall be in writing. The promise in this case is in writing, and the requisition of the ' statute is therefore satisfied. Was there a sufficient…
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