Spencer v. Pilcher
Supreme Court of Virginia
On the first day of November 1834, William Spencer and John F. Snodgrass entered into a bond to Alexander H. Pilcher in the penalty of 700 dollars, with a condition whereby—after reciting that two negro men named Williamson and Casar, the property of Spencer, were then in the custody of Jonas Beeson high sheriff of Wood county, by virtue of a fieri facias issued from the office of the circuit court of Wood, at the suit of Alexander H. Pilcher, against' the goods and chattels…
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On the first day of November 1834, William Spencer and John F. Snodgrass entered into a bond to Alexander H. Pilcher in the penalty of 700 dollars, with a condition whereby—after reciting that two negro men named Williamson and Casar, the property of Spencer, were then in the custody of Jonas Beeson high sheriff of Wood county, by virtue of a fieri facias issued from the office of the circuit court of Wood, at the suit of Alexander H. Pilcher, against' the goods and chattels of Spencer, for 317 dollars which Pilches- had recovered in that court for certain damages, and'also 29 dollars 30…
1Opinion of the CourtParker, J.
The forthcoming bond in this case was dated the 1st day of November 1834, conditioned for the delivery of the property on the 3d monday of November next; and a question is made, whether the bond was forfeited by nondelivery of the property before the 3d monday in November 1835. If the instrument is to be construed secundum subjectam materiam and the evident meaning of the parties, (see Bac. Abr. Conditions. P.) there can be no difficulty on this point. The fi. fa. on which the property was taken, issued the 3d of October 1834, returnable to the 1st monday in December following. It was the…
2Cases cited2 opinions
- Bell v. BuggSupreme Court of Virginia · 1814
- Monroe v. Webb's ExecutorsSupreme Court of Virginia · 1813