Armentrout's Ex'ors v. Gibbons
Supreme Court of Virginia
In January 1870, Abel Gibbons filed his bill in the County court of Rockingham, in which he alleged that, on the 4th of April, 1860, James M. and H. M. Iyofland sold and conveyed with general warranty to D. Armentrout four hundred and eighty-eight acres of land, lying in the county of Rock-ingham, in consideration of $23,500; of which $7,833.33 was paid in hand, and the balance to be paid as follows, to wit: $2,000 annually on the 1st of April, 1861-62-63-64-65-66-67, and…
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In January 1870, Abel Gibbons filed his bill in the County court of Rockingham, in which he alleged that, on the 4th of April, 1860, James M. and H. M. Iyofland sold and conveyed with general warranty to D. Armentrout four hundred and eighty-eight acres of land, lying in the county of Rock-ingham, in consideration of $23,500; of which $7,833.33 was paid in hand, and the balance to be paid as follows, to wit: $2,000 annually on the 1st of April, 1861-62-63-64-65-66-67, and $1,666.66 on the 1st of April, 1868. That for these deferred payments Armentrout executed his bonds to H. M. Dofiand, and…
1Opinion of the CourtBouedin, J.
It appears as a fact proved in this record, and is also distinctly alleged in the answer of Armentrout’s executors, that Zachariah Shirley, as assignee, prior to the institution, and at the trial of this cause, was the holder of one of the bonds of David Armen-trout, deceased, in the proceedings mentioned, and that the said bond was unpaid. It further appears from the answer of the executors, that the same equity claimed against the bonds held by Gibbons, as as-*415signee, was expressly and distinctly asserted against the bond held by Shirley. The court is therefore of opinion that the said…
2Cases cited1 opinion
- Clark v. LongCourt of Appeals of Virginia · 1826
3Cited by12 opinions
- Burlew v. QuarrierWest Virginia Supreme Court · 1880
- Dower v. ChurchWest Virginia Supreme Court · 1882
- Lynchburg Iron Co. v. TayloeSupreme Court of Virginia · 1884
- Hinton v. Bland's Adm'rSupreme Court of Virginia · 1886
- Moore v. JenningsWest Virginia Supreme Court · 1899
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