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6 Va. 23

Winn v. Bowles

Supreme Court of Virginia

Decided November 6, 1817

Supreme Court of Virginia · decided 1817-11-06

THIS was a suit in the Superior Court of Chancery~ for the Richmond District, brought by Thomas Winn, jz~nr. against Benjamin Bowles, administrator of .M~ar'y Bowles, deceased, and .thigustine Bowles, defendai~ts;.-. for an account of the assets of the said decedent, and to recover (among other claims) the principal and interest of a Bond for 48l. 1s. 3d, executed by the said .T~far~q Bowles, in her life time, to John Winn executor of Here-kick Winn deceased, and~ by the…

Decided 1817-11-06

Judge R0ANE

¶1pronotuiced the Court's opinion.

¶2The objection to the jurisdiction of the Court of Chiancery iii this case is overruled, on this ground, (without deciding oii aiiy other,) that the pre-existhig right of an assignee of a bond, to demand PaYment of the same in a Court of Equity, has not been merged, or impaired, by the statutory right, since given him, to sue at law, upon the assignment, in his own name;-but that the laticr remedy is cumulative and additional to the former.

¶3The Decree is therefore reversed, with costs, and the cause remanded to be prococde(1 iii upon the reports returned in the cause.

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