Meade v. Grigsby's adm'rs

Citations

• 26 Va. 612
• 26 Gratt. 612

Syllabus

<p>1. M and D, as his surety, execute a bond to G, upon a settlement of an account for articles furnished by G to M. Though at law the account is merged in the bond, in equity the debt on the account will be held as still subsisting if necessary to do justice between the parties.</p> <p>2. After the articles were furnished by G to M, but before the execution of the bond, M conveys all his property in trust for M’s wife and children, subject to his then existing debts. G sues M and D on the bond, recovers judgment, and sues out execution, which is levied on the property of D. The debt of M to G, for the articles furnished him, was a subsisting debt at the date of the deed, and the trust property is liable for it.</p> <p>3. In the court in which G recovered his judgment there is a suit in equity by R’s administrator, against M and others and G, to ascertain the indebtedness of M at the date of the deed, and adjust the accounts between the trust estate and G, who is largely indebted to said estate for rents. A bill by D, stating the facts as to the debt of M to G, the execution of the bond and deed of trust, the judgment and execution, the suit and G’s indebtedness for rents, and asking for an injunction to a sale under the execution, makes a good case for relief, and therefore cannot be dismissed upon demurrer.</p>