Volume 7 — Grattan's Virginia Reports

So much of this case as is necessary to present the question considered and decided by this Court is as follows: James D. Dishman of the county of King George, died in 1813, being indebted to S. 6 J. Lambert in the sum of 265 dollars 95 cents, with interest from the 4th of August 1812; and Austin Smith and George White, jr., qualified as his executors.

This was a proceeding by foreign attachment, commenced in 1839, in the Circuit court of chancery for the county of Henrico, by Robert C. Williamson against Levin G-ayle, an absent defendant, and John Minor Botts.

Charles C. Page, of the county of King William, died in 1822, leaving a widow and four children. Held: thát the executor was responsible for the loss of the debt due from Dabney; and that he was not entitled to commissions; and there being no exceptions to the commissioner’s report, in which alternate statements were made, the Court adopting the statement disallowing commissions, made a decree in favour of the executor against Mrs.…

The Columbian College in the District of Columbia was chartered by Congress in 1821. In 1832 the college had become deeply involved in debt; and on the 10th of December of that year, the board of trustees appointed a committee, of which the Rev. Abner W. Clopton was one, to report on the state of the college debt, and their means of paying it.

This was a suit by the administrator de bonis non and the distributees of Meaux Thornton deceased, against the administrator de bonis non of Robert West deceased, and the administrator and legatees of the surety of Robert West as administrator of Meaux Thornton, and the administrator de bonis non, widow, devisees and legatees of George M. West deceased, originally brought in the Circuit court of King William, and removed from thence to the Circuit court of Hanover county.

This was a suit bjr William Hiller in the Circuit court of Goochland, to enjoin the sale of a slave named Hezekiah, levied on by the sheriff under an execution which issued upon a judgment recovered by John Guerrant against William Lewis and Thomas Curd, upon a bond in which Lewis was principal and Curd was his surety.

Starbuck and forman were partners and millers in the county of Berkeley; and Ldward Colston of the same county was in the habit of endorsing- their notes for their accommodation, and also of' becoming their security where the evidence of debt was not negotiable.

Bell being confined in the jail of the county of Buckingham under a charge of larceny, applied to the Judge of the Circuit court of that county for a habeas corpus, and asked for his discharge, on the ground that he had not been brought to trial for three terms of the Court after he had been sent on for trial by the examining Court.

At the May term for 1837 of the Circuit court of Henrico county, James Crawford recovered a judgment, in an action of detinue against William Williamson, for two slaves, each valued at 700 dollars, and also for 100 dollars damages for detention of the slaves, and his *costs. No proceedings seem to have been taken upon this judgment until March 1843, when the plaintiff sued out a scire facias to revive it, returnable to the April rules.

In 1762, a public ferry across the Roanoke river, was established from the lands of William Harwood in the then county of Ivunenburg, to the lands of William *Royster in the same county. This ferry was subsequently the property of David Ross; and at present belongs to James Somerville. It has been kept up for many years, except perhaps for a short period, between 1794 and 1804, whilst it was in the hands of Ross.

By deed bearing date the 14th of December 1823, Richard Hoomes and Hannah his wife conveyed to *Norborne E. Sutton a tract of land in the county of Caroline, containing one hundred and thirty-two acres, more or less, in trust, to be sold, first, to pay off certain debts therein mentioned, and to indemnify Samuel Chiles as the surety of Hoomes in certain bonds; and then to pay over the balance of the purchase money, if any should remain, to Hannah Hoomes, in consideration of…

This was a proceeding by foreign attachment instituted in March 1833, in the Circuit court of law and chancery for the county of Henrico and City of Richmond, by Samuel S. Myers & Co., against Thomas. Dixon, an absent defendant, and John and Samuel Cosby.

These were motions in the Circuit court •of Franklin county, by the administrator of Samuel Helm, deceased, late high sheriff of that county, against Rbeneser M. Holland as one of his deputies, for the purpose of recovering certain sums of money which Samuel Helm had been compelled to pay for the alleged default of his said deputy in failing to pay over money which he had collected on executions which came into his hands; and for his failure to return the executions.

This was an action of debt in the Circuit court of Rauquier county, brought in 1839, by John Alexander against Richard H. Gaines, as administrator of Seth Gaines deceased, upon the bond of Seth Gaines for 135 dollars, bearing date the 16th of May 1823, and payable the 25th September following. The defendant filed the plea of payment and several pleas of non est factum.

Gill Armstead and William Armstead were brothers and partners in business, residing in the county of New Kent.

This was an action of debt brought in 1845 in the Circuit court of Albemarle county, by the Orange Humane Society, a chartered institution, against Isaac Shiflett and George Martin, upon a bond executed by the latter to the former on the 29th of March 1839, in the penalty of 2077 dollars 18 cents, with condition to pay the sum of 1038 dollars 89 cents. The defendants appeared and pleaded payment, on which issue was joined.

This was an action of debt in the Circuit court of Henrico county, by Hawes Coleman and Mary G. his wife against Jesse Snead. The language of the writ was, “We command you that you take Jesse Snead executor of JohnG.

Warner Lewis of Gloucester countjq by his deed dated the 5th of January 1798, conveyed all his estate, real and personal, (except a parcel of land specified in the deed,) which had descended to him from his father, to John .Lewis and Wilson Cary Nicholas, in trust for the payment of his debts, then for the support of his family, and then for his children.

At the June term 1849, of the Hustings court of Danville, the grand jury presented James B. Harris and John Hickman for selling ardent spirits to be drank where sold, without a license, to Hugh Ramey. Upon this presentment an information was filed, to which the defendants pleaded jointly “not guilty;” and were tried together, when the jury found them guilty in manner and form as was alleged in the information.