Gentry v. Allen
Supreme Court of Virginia
This was a creditor’s suit in the circuit court of Itoekingham county brought by William Allen against Samuel C. Naylor, Wm. S. Miller, S. B. Jennings, H. B. C. Gentry and the assignee in bankruptcy of Naylor, to the lands of Naylor to satisfy a judgment for $483.34, with interest and costs, which the plaintiff had recovered against said Naylor, Miller and Jennings upon a bond in which they were the sureties of Joseph H. Conrad, deceased.
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This was a creditor’s suit in the circuit court of Itoekingham county brought by William Allen against Samuel C. Naylor, Wm. S. Miller, S. B. Jennings, H. B. C. Gentry and the assignee in bankruptcy of Naylor, to the lands of Naylor to satisfy a judgment for $483.34, with interest and costs, which the plaintiff had recovered against said Naylor, Miller and Jennings upon a bond in which they were the sureties of Joseph H. Conrad, deceased. The judgment was recovered in August, I860, and was docketed in November of that year. In February, 1871, Naylor conveyed the two tracts of land sought to…
1Opinion of the CourtStaples, J.
This is a controversy between the appellee, a judgment creditor, and the appellant, a trust creditor of the same common debtor. The appellee’s judgment is sought to be impeached upon the ground that the bond upon which it is founded was signed by the debtor merely as surety, upon a condition which was never complied with; and this was well known to the appellee at the time he received the bond. If this be a valid defence, it ought to have been made in the action at law upon the bond. The evidence shows that Naylor, the debtor, was not only served with process, but he was apprized of the…
2Cases cited1 opinion
- Horton v. BondSupreme Court of Virginia · 1877
3Cited by3 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- First Nat. Bank of Cumberland v. ParsonsWest Virginia Supreme Court · 1896
- Stovall v. Border Grange BankSupreme Court of Virginia · 1883