Opinion
11-09-1819
Shumate v. Dunbar
This was a suit in Chancery, in the County Court of Fauquier, brought by Robert Dunbar against Armistead Shumate an absent defendant residing in South Carolina, and Joseph Shumate a resident of the said County.
The object of the Bill was to subject certain property belonging to Armistead Shumate, alleged by the plaintiff to be in Joseph Shumate's possession, to satisfy a claim of the plaintiff against the said Armistead. The answer of Joseph Shumate denied that any such property was in his possession. A general Replication was filed by the plaintiff's Counsel, and sundry depositions were taken to impugn the statement in the answer; but no proof of notice, by publication in the newspapers or otherwise, of the time and place of taking those depositions, appeared in the record.
According to the transcript of the Decree, " the cause came on to be heard upon the bill, answer and exhibits; (saying nothing of depositions; ) " and, it appearing to the satisfaction of the Court, that proper proceedings had been had against the absent defendant," it was decreed that a negro girl in the proceedings mentioned, be sold at public auction, by the Sheriff, to satisfy the plaintiff's claim, & c.
Upon an appeal, this Decree was affirmed by the Superior Court of Chancery for the Fredericksburg District: whereupon, the defendant Joseph Shumate again appealed.
Decree reversed, and bill dismissed.
OPINION
The Decree of this Court was as follows:
This case having come on upon the bill, answer and exhibits; in exclusion of the depositions contained in the record; and the answer having denied the equity in the bill; the decree is to be reversed, and bill dismissed; but without prejudice to any suit the appellees may be advised to bring against Armistead Shumate, or against him and any person other than the present appellant.