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Thompson v. Strode

Supreme Court of Virginia
Jun 2, 1808
12 Va. 19 (Va. 1808)

Opinion

06-02-1808

Thompson and Veitch v. Strode

Mr. Botts, for the plaintiff,


SYLLABUS

The suit, in this case, was brought to foreclose a mortgage. The bill had been taken as confessed, and the nisi decree returned served; and now Mr. Williams, for the defendant, moved to set aside the decree, and to file the answer.

Mr. Botts, for the plaintiff, objected to the motion, on the ground that the answer controverted only a part of the sum claimed on the mortgage; and asked a decree for so much as was not denied by the answer to be due.

OPINION

Per Curiam.

Suppose the answer admitted the whole sum claimed, to be due; it would not be received as shewing any cause against the decree, which would, of course, be made absolute. Upon the same principle, whatever is not controverted by the answer may now be decreed in part; and so much as is controverted of the decree, nisi, will be set aside; the answer being received for that purpose only.

The defendant prayed an appeal, which the court refused; the decree of foreclosure, though absolute, being interlocutory only.

See Rev. Code, 1 vol. p. 375, ch. 223, sect. 1, and 2 vol. p. 129, ch. 103, sect. 2.


Summaries of

Thompson v. Strode

Supreme Court of Virginia
Jun 2, 1808
12 Va. 19 (Va. 1808)
Case details for

Thompson v. Strode

Case Details

Full title:Thompson and Veitch v. Strode

Court:Supreme Court of Virginia

Date published: Jun 2, 1808

Citations

12 Va. 19 (Va. 1808)