Barley's Ex'or v. Layman's Adm'r

Citations

• 79 Va. 518
• 1884 Va. LEXIS 106

Syllabus

<p>1. Assignor and Assignee—Recourse—Recovery.—In absence of proof of consideration for assignment, it must be presumed to have been the value of the thing assigned, and such value measures the recovery on recourse.</p> <p>2. Idem—Case at Bar.—-Prior to 21st August, 1865, J. assigned for an unknown consideration to L. a bond of A. for $451, dated 7th August, 1862. On suit, the bond was scaled to $78.83, which was collected. In 1870, J. conveyed to W. land on condition that he pay certain debts of J., including “ claim due L.’s estate, to the amount of $500, should so much be due thereto.” Testimony showed that said claim originated out of said assignment. On bill by L.’s administrator to enforce this charge on W.'s land—</p> <p>Held :</p> <p>The claim due L.’s estate amounted to $78.83, which, having been paid, the bill should be dismissed.</p>