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