USA > Virginia > Virginia colonial decisions : the reports by Sir John Randolph and by Edward Barradall, of decisions of the general court of Virginia, 1728-1741, v. II > Part 37
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Appeal from County Court; action of detinue for a chest of medicine; verdict and judgment for the plaintiff below; on appeal objection that the verdict found that "the Deft. did detain" and not that he "doth detain," and that Detinue would not lie for a chest of medicines without setting forth the par- ticular medicines; judgment of County Court reversed.
HARRISON vs. HALLY B80
Judgment against a sheriff; attachment against his lands (he having no personalty) sustained.
HARWOOD vs. GRICE B45
County Court refused to permit an executor to testify to prove a will; held on appeal that he was a good witness.
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B388
VIRGINIA COLONIAL DECISIONS
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HAWKINS vs. THORNTON. B243
An action of ejectment; construction of a will as to whether an estate tail or a fee simple title passed thereby; words "Heirs lawfully begotten" as indicating an estate tail.
HAWKINS vs. BONGHAM, &c. B267
Same question as in Hawkins vs. Thornton, B243. HAYWOOD et al. vs. CHRISMAN et al .. B67
Will devises certain slaves "to work and maintain his wife and children," but no devise over; held as against the claim of the children that those slaves were intended in lieu of the widow's dower and therefore not to be divided.
HILL vs. HILL'S EX'ORS B60
Bill in chancery against heir for possession of land delivered to ex'ors on certain trusts; held that a court of equity would never establish a will against an heir without a trial at law. HILL & UX vs. HENRY & UX B138
Indebitatus assumpsit; nil debit, non assumpsit and limitations; judgment for plt. and writ of error; affirmed as right of action not barred by the statute.
HUNT vs. HARRATSON'S EX'ORS. B45 Judgment against Harratson in his lifetime; scire facias; held that lawyer's fee should be taxed in bill of costs.
ISBEL & UX vs. BUTLER & al .. B43
Held that slave given by intestate in his lifetime to younger child should be taken at value when given and not as of the date of "Testor's Death."
IVEY vs. FITZGERALD B188 A question of heirship depending upon the facts proved in the case. The judgment of the lower court was reversed.
JAMESON vs. VAWTER. B51
Appeal from refusal to compel joinder in demurrer to evidence offered viva voce; held that the court should have made the plaintiff join, or have directed a special verdict.
JENNINGS & UX vs. WILLIS B43
If after order entered on argument and judgment affirmed another argument should be heard; held "as being without precedent.
JONES vs. LANGHORN B52
Action of detinue; special verdict; woman holding slaves devised to her for life, with remainder over, marries and joins with her husband in mortgage of the slaves "for 99 years"; husband dies; action by mortgagee against widow for the slaves; "judgment for the Deft. per totam curiam praeter Lightfoot & Tayloe."
JONES &c. vs. PORTERS. B93
Effect of acknowledgment by married woman, of deed, without privy examination; bill to have defect supplied, dismissed.
KING, THE, vs. CROSS. B92
Indictment for horse stealing, in court of Oyer and Terminer; taking an estray held not to be a felony. S. C. Cross's case.
KING, THE, vs. HARRISON. B66
Presentment for erecting gates on the King's highway; plea, license from the County Court; plea held good.
KING, TIIE, vs. MCCLANAHAN B40
Debt for refusing the office of Sheriff; plea that defendant "never was commissionated," the statute applying only to a "person hereafter commissionated" held good.
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KING, THE, vs. MOORE
Page B38
Information for not transmitting to collector of customs "list of the slaves by him sold imported in the ship A."; judgment for the defendant.
KING, THE, vs. OLDNER & BRILEHAN B90 Indictment for feloniously taking the goods of persons unknown; taken from a stranded ship; defence-no jurisdiction- wreck- ing no felony-no property in goods proved; held no felony. KING, THE, vs. PRYOR. B39
Indictment for assault; defence, before indictment had given note in satisfaction of the assault; held no defence "because there is a fine to the King."
KNIGHT vs. TRIPLETT . B127
Purchase of land with actual notice of an unrecorded lease; brings ejectment and obtains judgment; bill in chancery for relief; demurrer sustained, the registry law avoiding an un- recorded lease as against a purchase.
LIGHTFOOT vs. LIGHTFOOT B40
Devise of remainder of estate to son "& the heirs male of his body, and if he dye without such issue or if there be any failure here- after in the male line Then I give the same to my brother P. Lightfoot & his heirs, He or they paying to my daughter 2500£ in full compensation for the same"; son survived his father, but died without issue; suit by daughter for residue of personal estate and profits of real estate from death of father to death of son; demurrer to the bill sustained.
LUTWIDGE vs. FRENCH B181
Action on bond in a penalty of 12,000 lbs tobacco, conditioned for payment of 6,000 lbs; verdict and judgment; bill for relief offering curious equities; demurrer overruled by the County Court and appeal; but it does not appear what was the judgment of the General Court.
McCARTY vs. McCARTY'S EX'ORS. B34
Bill in chancery for the accounting of a trust estate; defence that debt of the trustee was discharged by his being named as ex'or and certain equities set up in the answer; bill dismissed.
MAJOR vs. DUDLEY B66
Bill for an account against defendant who had married the exec- utrix; but an account made some years before was sustained as a good defence. MASON'S CASE B51
Act of limitations held to be against a bill of exchange, See Boys vs. Hoggatt, B80.
MEGGS vs. BATES B39
Action on promise to pay debt of another; defence nudum pactum; held a good promise tho' without consideration.
MICON vs. CORBIN. . B37
Action upon an account; referees appointed; this method objected to, but objection overruled.
MORRIS vs. CHAMBERLAYNE. .B157
A special verdict in an action of indebitatus assumpsit, and the question was one of liability of the under to the High Sheriff for quit rents, the office being farmed out to the under sheriff; the judgment was in favor of the High Sheriff.
MORRIS vs. CHAMBERLAYNE. B51
As to the competency of an interested party to testify; ex- cluded unless interest released.
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B390 VIRGINIA COLONIAL DECISIONS
MURDOCK vs. THORNTON.
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B33
A case of confession of judgment while in custody under execu- tion without prayer; held that he was not in execution without prayer and therefore had been properly discharged.
MYHIL vs. MYHIL. .B161 Devise for life with several remainders in tail and with remainder to his own right heirs; quere if the last claimant was a bastard; and that he was held to be.
NANCE vs. ROY . B279 Detinue for a slave; a special verdict; question whether a devise for life to a wife and also making her his executrix, the absolute property in the slave thereby passed to her.
NELSON vs. SEAYRES B136 Action of case on promise to pay debt of another. Plea of stat- ute of limitations; there was no judgment, as the case was compromised.
NICHOLAS & UX vs. BURWELL'S EX'ORS. B35 Devise to child of which wife was enciente, if a son £2,000, if a daughter £1,000, when arrived at twenty-one years of age; child born after testator's death was a daughter and died in infancy; held a lapsed legacy and demurrer sustained ..
OLDUM vs. ALLERTON and POPE . B331 Trespass for taking away a slave; plea not guilty; whether under the judgment rendered in a former action the slave could have been taken under execution.
OPINIONS: B1 to B32, by-
BARRADALL, EDWARD. B31
The law of descents in case of intestacy of land, slaves and personal property and as among half-bloods.
CHESSHYRE, SERGT. JOS. B9
As to the settlement of an account and charges of interest-no interest on a running account until it was adjusted.
Same B16
That a deed from Ralph Green patented from King Charles II, was, under the circumstances stated, good.
DEE, SERGT. DUNCAN. B10
As to the effect of marked trees as identifying land devised to be divided among certain devisees named in a will.
HINCHMAN, REV. HUMPHREY, LL.D. B5
Construing the will of Wm. Wilkinson and declaring that a probate granted in London was of no effect in Virginia.
HOLLOWAY, JOHN. B29
As to the right of the remainder man in the increase of a female slave held by the life tenant.
JONES, SIR WILLIAM B1
If a· will made in Virginia and attested by only two witnesses, is affected by an act of Parliament passed (apparently) after the execution of the will; he thought not.
.MEAD, SAMUEL B21
Whether a court of equity would decree a redemption of the equity in mortgaged property after a very long time, when the equity had not been released; he thought it would not unless the release had been delayed by infancy or some other disability. NORTHEY, SIR EDWARD. B2
As to advowsons in Virginia and the right of inducting ministers.
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TABLE OF CASES
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Same® B4
Construing the will of Wm. Wilkinson and the kind of estate which passed thereby; the same will as to which Rev. Dr. Hinch- man (supra) gave an opinion.
PAUL, J., LL.D. B18 One who "unadvisedly" married his late wife's sister and threatened with prosecution by the Eclesiastical Court is ad- vised that he may be prosecuted, the marriage annulled and the children illegitimate, but as such marriages were merely voidable, if no one should prosecute, the children would inherit and the widow have dower.
PIGOT, NATHANIEL B17 Surrender of messages and lands, and recovery suffered, whether after great length of time the first grantor could redeem on payment of principal and interest; that the statute of limita- tions did not apply to mortgages.
POWYS, SIR THOMAS B7
Mainly as to the right to interest upon balances in a complicated matter of account between a planter and his factor in London to whom he shipped tobacco and other commodities, and through whom he bought goods.
RANDOLPH, SIR JOHN B29 Payment of interest on purchase money considered excused by long delay and neglect in making title and giving possession of the property.
RAYMOND, SIR ROBERT B9
That in an action at law, if the principal sum had been paid there could be no recovery of the interest on an implied promise.
Same B26
As to the kind of estate, involved in an action of ejectment upon special verdict.
Same B5
As to an account between a planter and his London factor upon the question of the safe delivery of goods in Virginia.
REEVES, THOMAS B10
Thought no interest should be allowed on a running account, unless either there was an express promise or an account stated in writing and "the Party hath been long out of his money."
Same ,B16
Advised on same case as Joseph Chesshyre about matter of "Wm. Green of Gloucester" that a deed by Ralph Green patented of King Charles II was sufficient.
STRAHAN, WILLIAM, LL.D B20
One who was inclined to propose marriage to the sister of his late wife, but finding that the laws oppose, wants to know "how far Disobedience to them can temporarily affect him"; he is advised of the many possible unpleasant consequences, and probably proposed to some other man's sister-in-law.
STANYAN, TEMPLE B22
This is simply an order from the Privy Council determining an appeal as to an account between the estate of Richard Perry and Col. William Randolph's executors. Mr. C. Waerg there- upon advises bringing a bill in chancery to require the estate of Col. Randolph to pay the debt which amounted to "2460 1b" and the costs.
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B392
VIRGINIA COLONIAL DECISIONS
Page B29
THOMSON, S., A. G.
Answers certain questions of Rev. Mr. Scott of Stafford Co. as to the duty of church wardens to collect the levy made for the salary of the minister, and says that "the Parish was not tied down or the Vestry to allow no more than 16000 1b of Tob'o P annum to ye Minister."
THOMSON, SIR WM. . B10
States the rule of allowing interest on an account both at law and in equity.
Same B22
On the same subject.
YORKE, P. B25
As to the customs acts regulating the importation of tobacco from Virginia into England.
Same B25
(of a later date) construes the Act of Assembly in Virginia as to the impost of 2s per hogshead on cask of tobacco, and the Eng- lish duty on Virginia snuff.
PALMER vs WORD . B289
Detinue for a slave; a special verdict; judgment that suit be dis- missed with costs and order to pay defendant 15s for an attorney's fee; effect of this judgment in determining the character of the property under the statute making slaves real estate under certain conditions.
PARSONS vs. LEE B64
Debt for an escape; plea Nil Debit: held that the retaking of the escaped prisioner did not excuse the sheriff from liability, for it looks like a case of connivance on his part, and certainly was at least gross neglect.
POWELL & UX vs. THURMAN B78
An action of ejectment involving the question of whether a deed made when the grantor had no interest in the property, but which was later acquired by him by descent, passed a good title to the grantee; held that it did not, apparently upon the ground. that a grant of a mere possibility was void.
REEVES vs. WALLER .: B34 Appeal from order of court staying a verdict on motion in arrest of judgment in an action for a betting debt; the question before the General Court was one of jurisdiction for an appeal; held that the plaintiff could appeal.
RICHARDSON vs. MOUNTJOY . B207 Action of trespass; special verdict; title to the land involved, the county court holding that the defendant had no title, found for the plff., the deed of a feme covert being involved; this judg- ment seems to have been affirmed, and the counsel who lost said of his own argument "never was an argument so little under- stood."
ROBINSON vs. ARMINSTEAD et al. . B223 A suit for partition of a joint estate which had become affected by claims to the right of survivorship and facts outside of the conveyances; demurrer to the claim for equitable relief, which was sustained.
ROGERS' ADMX. vs. SPALDEN. .B81 Affidavits taken before suit brought not allowed to be read in evidence.
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ROSE, EX'OR BAGG vs. COOKE & al. B229
Debt on bond against an heir and devisee; plea of infancy; held bad under the statute making the heir liable for the debt of the ancestor to the extent of assets received. No judgment here, but a reference to same case [213] B229, where it was held that the plea of infancy was bad.
SCARBURY & UX vs. BARBER'S EX'OR. B294 Bill in equity after husband's death to enforce an ante-nuptial agreement to have the property of the wife held as her separate estate, and to compel payment of late husband's indebtedness to the widow. SENIOR vs. MORRIS . B129
Appeal from the county court; debt on arbitration bond in a penalty defence "no Award" claiming that the action of the arbitrators was "a Masterpiece of Nonsence." Judgment of County Court was for damages instead of for the penalty of the bond. Reversed on this ground.
SLAUGHTEE vs. WHITELOCK B251 : Devise of slaves to son and daughter "and the lawful issues of his body forever," with limitation over; question if the limita- tion over be good.
SMITH vs. SMITH B320
Deed of gift of land with reservation of right of free ingress and egress to and from the same during the grantor's natural life, with reversion to another if the grantor should die without heirs, question if any estate, and if so, of what kind, passed by this deed. SMITHER vs. SMITHER .B130
Ejectment for moiety of land .. Special verdict for moiety claimed to be defective, but judgment by the County Court, and on appeal affirmed.
SPICER, ADMRX. OF STONE vs. POPE & al B232
Devise of plantation, slaves, etc., to wife for life, with certain legacies to his daughters under a certain condition of obedience "to their Parents." .A bill for discovery of the personal estate and an accounting. Questions of the staleness of the claim and the irregularity of obtaining letter of administration.
STITH os. SOAN & al. . B37 Information against the Justices of a county for not keeping a sufficient prison; proved by record in an action against the Sheriff for an escape.
STRETTON vs. MARTIN B55
Debt on bond with condition to pay a sum of money so soon as release should be secured from owner of a ship of all their rights and ship delivered as agreed; proof certificate or release; objected to as incompetent by itself; objection sustained and judgment for defendant.
TAYLOR vs. GRAVES .B56 Detinue; case agreed; devise of slaves for life with remainder, and the increase of the slaves to his heirs; the will construed, the insistence of the plaintiff being that the slaves were to be treated as real estate; the judgment. was for the defendant. TAZEWELL & UX vs. HARMANSON .B147 Ejectment; deed recorded but not delivered, but the case was compromised.
TIMSON vs. ROBERTSON. . B85
Whether upon the case stated there was an estate tail or a con- tingent fee, and whether Plaintiff was barred by the statute of limitations; quere whether the word issue was a word of pur- chase or of limitation.
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TIMSON vs. SCARBURY & UX. B140
Devise to two sons with right of survivorship if either died under age; a complicated case of heirship, the real question being if the estate devised was originally an estate tail or a fee simple upon a contingency.
TUCKER, &C. vs. TUCKER'S EX'ORS. B100 Construction of a will; whether the devisee took per stirpes or per capita.
TUTE vs. FREEMAN . B52
Action in debitatus assumpsit; the verdict for damages being under £10; defendant moved that no judgment be given, but the motion was overruled.
VASS vs. PHILIPS . B310 Whether a certain devise of land created an estate tail or a fee simple upon the contingency of leaving issue at her death.
WADDILL vs. CHAMBERLAYNE . B45
Action to recover for fraud and deceit in the sale of a slave; ver- dict and motion in arrest of judgment because no warranty; but the judgment was for the plaintiff.
WEBB vs. ELLIGOOD B80
Action against a sheriff for an escape; defence, prison fees de- manded and refused; held that the Sheriff was obliged to keep the prisoner twenty days before he discharged him, and judg- ment affirmed.
WINSTON & UX. vs. HENRY & UX. .B213 Devise of life estate in some slaves and an absolute estate in others, a plantation for life, etc., with remainder over; many questions arose as to the ownership of this estate, which it re- quires the whole text of the case to understand.
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