Preston v. Preston
This text of 1 H. & J. 366 (Preston v. Preston) is published on Counsel Stack Legal Research, covering General Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
On the death of Martin Preston, it being a1 joint bond, the debt survived upon Bernard Preston, and [370]*370no action at law can be maintained upon tbe bond; against the heir of Martin Preston: And the heir cannot possibly be answered unless sued as heir, and unless he had promised to pay the debt. This is a suit against him without stating that he is heir; without stating that assets had come to his hands, and without stating an express promise to pay.
Plaintiff nunsuited.
Chase, Ch. J. absent. Done J. concurred.
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1 H. & J. 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/preston-v-preston-vagensess-1802.