Coleman v. Stone

Citations

• 85 Va. 386
• 7 S.E. 241
• 1888 Va. LEXIS 45

Syllabus

<p>Personal Representatives—Principal and surety—Delay—Case at bar.— Creditor proved debt against decedent’s estate, but delayed to prove one for which decedent was surety. After latter debt had been due twenty-five years, though not barred, he filed his petition in creditors’ suit against decedent, explaining his delay, and that there was in court’s hands enough to pay his debt. No contract for the delay existed, and no notice to proceed against principal had been given.</p> <p>Held:</p> <p>Creditor entitled to the relief prayed for.</p>