Opinion
03-19-1812
Hollingsworth v. Dunbar
Williams, for the appellants, No counsel appeared for the appellee.
This was an action for covenant broken, brought by the appellants against the appellee in the District Court of Fredericksburg. The declaration set forth a covenant, bearing date the 3d of March, 1803, sealed by Robert Dunbar; without mentioning that any other person had sealed it. The pleas were, " not guilty," and " covenants performed; " but oyer was not prayed. At the trial, the deed produced, (being of the same date aforesaid,) was one from Francis Thornton and Sarah his wife, Robert Dunbar and Elizabeth his wife, in which they and each of them covenanted, that they and each of them, their, and each of their heirs, & c. would perform certain stipulations corresponding with those set forth in the declaration; which deed was acknowledged by all the parties, and recorded. To the admission of the said deed as evidence to the jury, the defendant objected; and the Court, upon his motion, excluded the same; whereupon the plaintiff filed a bill of exceptions, and (a verdict and judgment being rendered against him) appealed to this Court.
Williams, for the appellants, observed that, the covenant, being joint and several, was improperly rejected by the court.
No counsel appeared for the appellee.
OPINION
Monday, March 23d, The following opinion of this Court was delivered by Judge Roane.
" This Court, being of opinion that the Court below erred in withholding from the jury the covenant in the bill of exceptions contained, reverses the judgment with costs, and awards a new trial, in which the said judgment is to be permitted to go in evidence."