Wall's Executors v. Gressom's Distributees
Supreme Court of Virginia
Jon~ PRESTON, one of the executors of 4danz Wall, filed his bill in the Superior Court of Chancery for the Staunton District, against the appellees, stating that Wall was security for the administration of C~atharine' Grca.roin, and Ja2nea Elliott, on the estate of Robert Gressom; that, in November 1797, Elliott produced to Montgomery County Court his ac~ counts, as administrator, which were examined and approved~ leaving him a creditor of the estate the sum of 321. l7~.…
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Jon~ PRESTON, one of the executors of 4danz Wall, filed his bill in the Superior Court of Chancery for the Staunton District, against the appellees, stating that Wall was security for the administration of C~atharine' Grca.roin, and Ja2nea Elliott, on the estate of Robert Gressom; that, in November 1797, Elliott produced to Montgomery County Court his ac~ counts, as administrator, which were examined and approved~ leaving him a creditor of the estate the sum of 321. l7~. 9~-d~ after which, he never intermeddled with the administration, but the same was conducted altogether by the said…
1Opinion of the Court
the following was delivered by Judge Roane as the opinion of the court.
“The courtis not satisfied that the negligence or inattention of the appellant, in relation to the suit at law, is a sufficient ground on which he could be let into a court of equity: — yet the judgment rendered in that case having been wholly without defence on the part of the appellant, or the administrators; and the damages found not being vindictive, but graduated by the magnitude and value of the estate undertaken to be administered ; and it now appearing to the court, by the settlement of James Flliott’s accounts…
2Cited by9 opinions
- Acierno v. CloutierCourt of Appeals for the Third Circuit · 1994
- Backhouse v. JettU.S. Circuit Court for the District of Virginia · 1821
- Leavell v. Smith'sSupreme Court of Virginia · 1901
- Leach v. BucknerWest Virginia Supreme Court · 1881
- Virginia Eastern Co. v. N. C. Monroe Construction Co.Salem County Circuit Court · 2001
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