3 Va. 193
Decided April 23, 1802
Court of Appeals of Virginia · decided 1802-04-23
In the'year 1797, Glassford and Henderson, obtained a judgment in the County Court against Hackett, as executor of Mickleburrough, upon a three months’ replevy bond, dated the 11th of May, 1774. The bond was made payable to Glassford & Henderson, and the condition récites, that whereas the Deputy Sheriff had levied an execution, on the estate of Thilman, for 971. 3s. Id. including debt, costs, and Sheriff’s commissions.
Decided 1802-04-23
¶1After stating the case, delivered the resolution of the Court, to the following effect: 1st. That the bond did not recite that the goods had been restored to the debtor, and, therefore, was not a statutory bond upon which a motion could be sustained. 2d. That the act of Assembly did not give a motion against executors upon much bonds. Therefore, quacunque via data, the judgment of the District Court was right, and ought to be affirmed.
¶2Judgment affirmed.