Burnett v. Harwell
Supreme Court of Virginia
Debt, in the circuit court of Mecklenburg by Harwell and others, justices of the county court of Mecklenburg, at the relation of Bruce f Sydnor, against Burnett and five others his sureties, on a bond given by Burnett to the justices of the county court, upon his qualification as executor of John Davis, in February 1809, in the penalty of 100,000 dollars, with condition in the form prescribed for an executor’s bond, by the statute, 1 Rev. Code, ch. 104. § 21. p. 380. The…
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Debt, in the circuit court of Mecklenburg by Harwell and others, justices of the county court of Mecklenburg, at the relation of Bruce f Sydnor, against Burnett and five others his sureties, on a bond given by Burnett to the justices of the county court, upon his qualification as executor of John Davis, in February 1809, in the penalty of 100,000 dollars, with condition in the form prescribed for an executor’s bond, by the statute, 1 Rev. Code, ch. 104. § 21. p. 380. The declaration, after alleging the execution of the bond, and setting out the condition in hcec verba, assigned as the breach…
1Opinion of the CourtCaer, J.
The circuit court unquestionably erred in refusing to instruct the jury, that the sureties of the executor were not bound to make good the proceeds of land sold by their principal. This court, after the fullest investigation, has settled the law on that subject, in Jones v. Hobson. There was another point argued at the bar; whether Bruce fy Sydnor could as assignees of Mrs. Davis, a legatee, sustain an action, in the character of relators, on the bond of the executor? I have felt some doubt as to this; but, from thé reason and analogies of the law, am led to conclude, that they cannot. We…
2Cases cited2 opinions
- Gardner's Administrator v. VidalSupreme Court of Virginia · 1828
- Sturdivant's adm'r. v. Raines's ex'or.Supreme Court of Virginia · 1829