Pendleton v. Taylor

Citations

• 77 Va. 580
• 1883 Va. LEXIS 93

Syllabus

<p>1. Equitable Jurisdiction-Commissioner's report-Case at bar.-In 1856 J., being in extremis, granted, to take effect at his decease, to I. land and a $1,200 bond ; I. to pay J.’s heirs $1,200, and provide for J.’s widow and infant whilst at I.’s house. Before J.’p decease the land was sold, and T.’s $400 bond, part of the price, delivered with the $1,200 bond to I. In same year J. died. Next year the infant died, and the widow left I.’s house, taking with her, without I.’s knowledge, the two bonds. The bonds she delivered to J.’s administrators. The $1,200 bond was collected. Judgment was got on the $400 bond against T., who reserved his defence for the equity forum. In 18581. sued J.’s administrators, and after deducting $255, collected by him on the $1,200 bond whilst in his possession, got judgment for $187.18, with interest from 12th May, 1854. In • 1871 these administrators sued I. for the $1,200 he was to pay under the grant of 1836 to J.’s heirs, and got judgment. T. got injunction to judgment on $400 bond. I. got injunction to judgment against him. In these causes, consolidated, in 1878, an account having been decreed and taken, commissioner reported that $255 of the $1,200 bond was paid to I., and $1,036.35, amounting with interest to $1,339.55, was paid to administrators of J., from which the $1,200 judgment against I. being deducted, left $139.55 due I. To this report no exceptions were made. Yet court below decreed against I. the payment of $648.</p> <p>Held :</p> <p>1. 'The report should have been sustained, and a decree conformable thereto entered, and the injunction perpetuated in the cause of I. v. J.’s administrators.</p> <p>2. I., not having received any part of the $400 bond, was not responsible therefor. J. paid full value for it. Questions arising concerning it arose between T. and J.’s administrators. If T. had and lost any rights, it was not by default of I.</p> <p>3. The injunction in suit of T. v. J.’s admininstrators should be dissolved a