Ergenbright v. Ammon's adm'r

Citations

• 26 Va. 490
• 26 Gratt. 490

Syllabus

<p>About 1849 M executed his bond to E for a debt he owed him, without security. E died in 1852, and A qualified as his administrator, and as guardian of his children. On the 1st of January 1853, M and IÍ,. as his surety, executed to A, guardian of the legatees of E, a paper, intended to be a bond, payable on demand for $936.63, for the debt of M to E. A settled his accounts as guardian, charging himself with this bond. He died in 1867 or 1868, when the bond went into the-hands of his administrators, one of whom offered it to the wards, but they declined to receive it, when he brought suit upon it against M and K, recovered judgment, and issued execution in December 1869, which was unproductive. From the date of the bond to the end of the war M and K were in independent circumstances. At the end of the war M was very much injured, but still owned valuable land. K was injured by the war, but he was able to pay his' debts until' 1869, when his land was greatly injured by a flood. Held : The estate of A is liable to the wards for the debt.</p>