Legal Opinion

Hewitt's Adm'r v. Adams

Court of Appeals of Virginia

Decided January 15, 1855PublishedCited by 1 opinion

In February, 1829, Ann W. Robinson, William P. Claytor, and Martha, his wife, (late Martha Robinson,) and James C. Robinson, filed a bill in the Circuit Court of Lynchburg, from which it appeared that they were the only children and distributees of James Robinson; and that in 1815, after the death of their said father, Samuel Robinson became their guardian, and executed with Edmund Read and John Hewitt, his securities, the usual bond in the penaltj' of $1,800. In 1826,…

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In February, 1829, Ann W. Robinson, William P. Claytor, and Martha, his wife, (late Martha Robinson,) and James C. Robinson, filed a bill in the Circuit Court of Lynchburg, from which it appeared that they were the only children and distributees of James Robinson; and that in 1815, after the death of their said father, Samuel Robinson became their guardian, and executed with Edmund Read and John Hewitt, his securities, the usual bond in the penaltj' of $1,800. In 1826, Edmund Read, one of the said securities, entered into a covenant with the plaintiffs, by which, after reciting their desire…

1Opinion of the Court

EIEED, P.

The decree of the court below in this case, is to be affirmed with costs. We deem it unnecessary to express our opinions otherwise than by a reference to the opinion of Judge Taliaferro, in which we all concur, *and to cite the following additional authorities: 1 Story’s Equi. Jur., $ 498 a, and note 3; Waggoner v. Dyer, 11 Leigh, 384.

The opinion of Judge H. M. Taliaferro, delivered in the court below and above referred to, is as follows:

“I do not think that the case of Blow v. Maynard rules this case. In that, the rule that a release of one of two or more joint and several obligors…

2Cited by1 opinion

  1. Williams v. CarrWest Virginia Supreme Court · 1915

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