Williams v. Howard

• Decision Date: 12 November 1812
• Parties: Williams v. Howard
• Court: Virginia Supreme Court

17 Va. 277

Williams v. Howard

Supreme Court of Virginia

November 12, 1812

A three months' replevy bond was executed, March 23d, 1808 by Powell Williams, Arthur Horner, and James P. Cocke, to Jane Howard, in the penal sum of 3401. 17s. 2d., with a condition that " whereas two Negroes, (naming them,) one yoke of oxen, six head of cattle, and five horses, have been distrained by Thomas Watkins, deputy Sheriff for Horatio Turpin, Sheriff of Powhatan county, to satisfy the sum of 1621. 0s. 6d., with interest from the first day of January last, due to the said Jane Howard for arrears of rent, the cost of which distress amounts to 61. 0s. 5d., which said property has been restored to the said Powell Williams on his entering into bond, with Arthur Horner and James B. Cocke, to pay the said rent and cost of distress, amounting to 1701 8s. 7d., at the end of three months; now, if the above bound Powell Williams, Arthur Horner, and James P. Cocke, their heirs, & c., shall, at the end of three months, pay to the said Jane Howard, her executors and administrators, or assigns, the sum of 1701. 8s. 7d., with interest from the date hereof, then the above obligation to be void, or else to remain in full force and virtue."

On this bond, judgment was obtained by motion in a summary way. The defendants objected thereto, and prayed the Court to overrule such motion; " as it appeared that the debt due in this case was on a contract executed for the rent of land, and the hire of ten slaves; and which contract specified that the sum for said rent and hire was to be paid on the first day of January last, for the use of said land and slaves during the present year:" but the Court overruled such objections and granted the judgment and award of execution on the said bond; to which proceeding the defendants excepted, and appealed to this Court.

Wirt for the appellants, submitted the case.

Call for the appellee, observed, that the only question was, whether a distress could be made on a contract for the rent of land and hire of slaves blended together? [⁺]

OPINION

The following was delivered as the opinion of this Court.

" The Court is of opinion that the judgment of the county Court is erroneous, in this, that the same is entered for the amount of the rent distrained for, with interest thereon from a day anterior to that of the distress made and bond taken and which interest is added to the rent, and, together with...