Graham's executors v. Carter

2 Va. 6

• Court: Supreme Court of Virginia
• Decided: March 15, 1807
• Status: Published

Opinion

Per Curiam.

The proper parties weré hot before the court below. — The suit should have been against the devisees of the land mortgaged, and not the executors ;

(a) and not having been so, the decree is erroneous, and must, for that, be reversed with costs ; and the cause remanded to the court below, to be again proceeded in, after making the proper parties.

Powell on Mortgages, p. 436 of the 1st edition, and 1048 of the 4th edition. Duncomb v. Hansley, 3 Peere Williams, p. 333. in notes.