Report of Cases Argued And Determined in the Court of Appeals of Virginia ...

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Report of Cases Argued And Determined in the Court of Appeals of Virginia ...
Virginia. Supreme Court of Appeals, Bushrod Washington
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B W4 jbyGoogk i& F A L L t E R M We know that equity will fet up a loft bond even agamft a furety, tho' the remetly be gone at law. So if A and* B- were bound in a bond to C, who ihould make the wife of one of the obligors his executrix, this would at law be a releafe\to both obligors, yefoa.Qourt of Equity would relieve. But if I am wrong upon tm's^oint, thecourfwill, if the decree be reverfed, fend back the caufe, that the parties may have liberty to take depofi- tions, as the cafe was heard
...at the lame term when the demur- . rer was over-rule;!, fo that the plaintiffbelow had not an oppor- tunity to prove fuch facts as might give a- different complexion to his cafe. - .
Copland in reply. It is not true that a Court of Equity will afford relief in cafes where the remedy is 'gone at law, merely becaufe there exifts a moral obligation on the party to pay. Thus, where there is a deficiency of perfonal eftate, that court, no more than a court of law can fubjeel the real eftateto the payment of a debt however juftly due.


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