Legal Opinion

John Baird & Co. v. Mattox

Court of Appeals of Virginia

Decided May 17, 1798PublishedCited by 13 opinions

John Baird 8; Co. brought an action of debt against Mattox, as heir and devisee of his father, upon a bond entered into by the father to John Baird 8? Co. for the payment of money. The defendant pleaded, nothing by descent; and, the plaintiffs took issue on the plea. The jury found, that the defendant had no assets by descent, and the County Court gave judgment for the defendant.

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John Baird 8; Co. brought an action of debt against Mattox, as heir and devisee of his father, upon a bond entered into by the father to John Baird 8? Co. for the payment of money. The defendant pleaded, nothing by descent; and, the plaintiffs took issue on the plea. The jury found, that the defendant had no assets by descent, and the County Court gave judgment for the defendant. The plaintiff appealed to the District Court, where the judgment of the County Court was affirmed; and, from that judgment of affirmance, John Baird 8? Co: appealed to this Court.

1Opinion of the Court

PENDLETON, President.

By calling him both heir and devisee, is he not necessarily sued as heir alone ?

Call. That objection occurréd when I was considering the case, but there is nothing in it; for, particular interests only, might have been devised to him, and then, he would not be heir.

Cur. adv. vult.

On the next day, Pendleton, President, observed, that as it was clear, if the devise to the defendant was in fee simple, that he would take by descent, and not by the devise, the doubt was, whether the Court, after verdict, would not presume it so; especially, as the plaintiff had not *227demurred to…

2Cases cited2 opinions

  1. Day v. PickettSupreme Court of Virginia · 1813
  2. McMillan v. MauWashington Supreme Court · 1890

3Cited by13 opinions

  1. Garland v. DavisSupreme Court of the United States · 1846
  2. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  3. Murdock v. Herndon's ExecutorsSupreme Court of Virginia · 1809
  4. Davis' Adm'rs v. MeadSupreme Court of Virginia · 1856
  5. Gordon v. Brown'sSupreme Court of Virginia · 1808

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