¶1The plaintiffs are entitled to no pi-eferences among the creditors of the intestate, as the deed was not recorded in the manner prescribed by law ; but as the plaintiffs have paid, or are bound to pay, Gray's judgment, they must be allowed to stand in Gray’s place, and take that proportion of the assets to which he would be entitled, if he was now a creditor of the intestate ; and so it was decreed accordingly.
4 Va. 436
Miller v. Pendleton
Decided June 15, 1809
Virginia Chancery Court · decided 1809-06-15
THE plaintiffs were bail for one Timberlake ads. Gray, who obtained judgments at law against them; and Timberlake, to indemnify the plaintiffs, mortgaged several negroes ; but the deed was admitted to record in Caroline County Court, upon the proof of two witnesses only.
Decided 1809-06-15