Sexton v. Sexton
Supreme Court of Virginia
This was a suit in equity instituted in November 1842, in the Circuit court of Wythe county, by John Sexton against David Sexton.
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This was a suit in equity instituted in November 1842, in the Circuit court of Wythe county, by John Sexton against David Sexton. The bill charged that Joseph Sexton, who resided at Wythe courthouse, died in 1829, and by his will devised his real property to his two sons, the complainant and defendant, and directed that his business, which was large, and consisted in a tannery, saddlery and shoemaking establishment, and other business connected therewith, should be carried *on, as it had been, for the next three years for the benefit of his widow who was then living. That the business was so…
1Opinion of the Court
*DANIEL, J.,
delivered the opinion of the court.
The court is of opinion that the Circuit court did not err in dismissing the bill of the appellee, so far as it sought a rescission of the contract of the 9th May 1839, in the bill and proceedings mentioned. But the court is also further of opinion that the Circuit court erred in holding that the appellee was entitled to relief to the extent of his portion of the indebtedness of the partnership concern of David and John Sexton beyond the sum of 3000 dollars, and in perpetuating the injunction, granted to prevent the appellant from collecting the…
2Cited by2 opinions
- Yost v. CritcherSupreme Court of Virginia · 1910
- Laskey v. BurrillSupreme Court of Virginia · 1906