Beverly v. Rhodes

Citations

• 86 Va. 415
• 10 S.E. 572
• 1889 Va. LEXIS 58

Syllabus

<p>1. Creditor’s bill—Single creditor—Decree of account.—A single creditor at large may sue personal representative of deceased debtor in equity for account of assets, payment of his debts and general relief. Rice v. Hartman, 84 Va., 251.</p> <p>2. Idem—Laches—Issue.—Where bond fell due in 1875; suit brought ten years afterwards, when all the obligors were dead; the bond having been assigned as collateral and the interest regularly paid: held, not laches, and not a case for an issue out of chancery.</p> <p>8. Personal representatives—Personal decree.—Where testator’s estate was ample to pay all his debts, and his estate had been administered in suit for partitions to which a creditor was no party, and no refunding bonds were taken from legatees: held, the executor is personally liable for the debt.</p>