Pendleton v. Lomax

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Pendleton v. Lomax, Wythe 4 (1790), was a case originally appealed to the High Court of Chancery from the Caroline County Court. The plaintiff was one of the Chancellors, however, and the remaining two Chancellors split, so the case was transferred to the Supreme Court of Appeals of Virginia.[1]


Background

In May 1753, Edmund Pendleton signed with Lunsford Lomax as co-sureties for debts incurred by Thomas Wyld. In exchange, in June 1753, Wyld gave Pendleton the power of attorney to sell Wyld's estate in trust and to collect on all debts due Wyld in order to repay the debts Wyld owed others.

The Court's Decision

Wythe's Discussion

References

  1. George Wythe, Decisions of Cases in Virginia by the High Court of Chancery, (Richmond: Printed by Thomas Nicolson, 1795), 4. The decision from the Supreme Court of Appeals was published as Lomax v. Pendleton, 7 Va. (3 Call) 538 (1790).