Carter v. Hampton's Adm'rs

Citations

• 77 Va. 631
• 1883 Va. LEXIS 100

Syllabus

<p>1. Equitable Jurisdiction and Relief-Creditor’s bill.-A bill to discover the real and personal assets of deceased debtor, to settle the administration accounts, and to subject those assets to the payment of the debt of a creditor, is a creditor’s bill, though it says nothing of other creditors, and a court of equity will entertain it.</p> <p>2. Idem-Idem-Joint guarantors-Remedy at law against survivor.-The fact that the deceased debtor was one of two joint and several guarantors, and the creditor has a remedy at law against the surviving guarantor, does not deprive creditor of his remedy in equity against the estate of the deceased guarantor.</p> <p>3. Idem-Double remedy-Single satisfaction.-A creditor having two different securities, or two sets of obligors bound for his debt, may proceed against both at the same time, although he is entitled to but one satisfaction.-Asberry’s adm’r v. Asberry’s adm’r, 33 Gratt. 471.</p>