¶1Memorandum. — ‘The precise grounds of the judgment of the court of appeals in this case, are not known further, than what was said by judge Mercer, in the case of Tate v. Watkins, 3 Call, who says, that the court held, that the representatives of two deceased persons could not be joined in the same action. But, as, in a bill in equity, which was afterwards brought upon the same contract, the plaintiffs say, that there were various errors assumed, (these do not appear in the record, for the assignment of errors is lost,) which the plaintiffs are bound to consider as legal objections, since they were so adjudged by the court, although some of them were occasioned by the derangements and loss of papers in the time of the British invasion, it is probable that the court went upon the want of an issue also.
4 Va. 130
Grymes v. Pendleton
Decided May 15, 1788
Court of Appeals of Virginia · decided 1788-05-15
Pendleton and Lyons, surviving administrators of John Robinson deceased, in April 1774, brought an action on the case, in the then general court, against Peyton Randolph, John Robinson and Benjamin Grymes, surviving executors of Philip Grymes deceased, and John Taylor and Francis Thornton, acting executors of Presley Thornton deceased; and declared, “for that whereas the said Philip Grymes and Presley Thbrnton, in their livestime, to wit, on the sixteenth day of June, one…
Decided 1788-05-15