Opinion
10-16-1818
Cocke Administrator of Bromley v. Harrison
This was a suit in the Superior Court of Chancery for the Richmond District, brought by Thomas Cocke Sheriff of Prince George County, to whom administration of the estate of James Bromley deceased was committed, against Obadiah R. Harrison.
The Bill charged the defendant with having unlawfully taken possession of the personal property of the deceased, after his death, and before the plaintiff qualified as administrator, and selling the same under the pretence of satisfying a deed of mortgage, charged by the plaintiff to have been fraudulently executed; who therefore prayed the Court to set aside the said deed, and compel the defendant to render a just account of the property so wrongfully taken into his possession, and to pay to the plaintiff the full value thereof.
The defendant by his answer denied the fraud; averring that the Deed was fairly obtained as a security for a just debt, and set forth a list of the articles of property. Sundry depositions and exhibits were filed, partly tending to fix on the defendant the charge of fraud, and partly leading to his exculpation: but no account was directed, or taken.
Chancellor Taylor dismissed the Bill with Costs, " being of opinion that the demand of the plaintiff presented a plain action of trover and conversion."
Decree reversed and remanded.
OPINION
By this court, the decree was reversed, and the cause remanded in order to be matured, and tried on it's merits.