Hamilton v. Shrewsbury
Court of Appeals of Virginia
Appeal from, the Chancery Court of Greenbrier. Hamilton filed a bill against Reynolds, Waugh, and Donnally, to injoin a judgment obtained by Waugh against him.
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Appeal from, the Chancery Court of Greenbrier. Hamilton filed a bill against Reynolds, Waugh, and Donnally, to injoin a judgment obtained by Waugh against him. The bill states, that the complainant, with two others, being appearance bail for Stuart and Dennison, judgment was rendered against them, for failing to enter special hail: that an execution having issued against Stuart and Dennison, and no property being found, the deputy sheriff, Reynolds, required the sureties to pay the money: that, accordingly, one of the bail paid his proportion, (one-third) and the complairiant paid his…
1Opinion of the Court
Judge Cabell
delivered his opinion, in which the other Judges concurred.*
The sheriff of Kanawha county, by virtue of an execution against the goods and chattels of the appellant, sold a slave belonging to the appellant, at public sale, and the appellee became the purchaser thereof. The object of the bill, in this case, is to recover back the slave; and the question is, whether a Court of Equity ought to interfere for that purpose, under the circumstances attending the case.
The sale is objected to on three grounds: 1. That the deputy sheriff was so interested as to be incapable, in point of…
2Cited by6 opinions
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- Minor v. President of NatchezMississippi Supreme Court · 1845
- Paine v. TutwilerSupreme Court of Virginia · 1876
- Paine v. TutwilerSupreme Court of Virginia · 1876
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