4 Va. 502
Decided February 15, 1810
Virginia Chancery Court · decided 1810-02-15
IN this case there was a decree for the plaintiff m fune, . , 1802, against Austin, asan absent debtor; and the home defendants were decreed to pay to the plaintiff, on that account, 50/. with interest from the 1st March, 1796, and costs 5 upon condition that the plaintiff gave bond and security to restore to the absentee the sum aforesaid with its interest, in case he should claim the same and be adiudered J & entitled thereto: the absentee died; and the security, by the…
Decided 1810-02-15
¶1It is too late' now to open the de~ eree, and therefore it is not necessary for the plaintiff to give the security thereby required.
¶2As to interest: the home defendants might by a legal tender have exempted themselves from it, or they might have brought the money into Court; but, as they have done neither, but hold the use of the money, they must pay the interest upon it.