Anderson v. Fox
File:Hening&MunfordsReports1809V2AndersonvFox.pdf
Anderson v. Fox, Hening & Munford Vol. II 245 (1808), [1] was a dispute where the court determined whether a co-signer could sell and buy for himself the slaves of the borrower, prior to the debt becoming due.
Background
Nelson Anderson was the co-signer of Richard Anderson’s debt. Philip Duval an assignee of the debt brought a judgment against Richard Anderson for payment. As Richard Anderson could not pay, a black woman named Milley and her two children were to be sold to satisfy the debt. However, John Fox forbade the sale of Milley claiming he had actual possession over her and complicating the title. Fox argued that his wife has lived with Richard Anderson and his family for a considerable amount of time and upon her death, the Andersons never returned his wife's slaves back to him. Nelson Anderson, hoping to avoid being responsible for paying the debt as co-signer, agreed to indemnify (make legally responsible) the sheriff, so that he could purchase Milley for 55 pounds and satisfy the debt. Fox brought an action in the District Court of Richmond against the sheriff for the sale of Milley and obtained a money judgment against the sheriff. However, on May 9, 1801, Nelson Anderson along with the Sheriff filed a joint complaint requesting the Court declare Anderson as a bona fide purchaser of Milley and effectively dismiss the money judgment against the sheriff.
The Court's Decision
Chancellor Wythe initially granted the injunction but dissolved it and dismissed the case. The Appellate Court reversed in part and affirmed in part.
See also
References
- ↑ William Hening & William Munford, Reports of Cases Argued and Determined in the Supreme Court of Appeal of Virginia: with Select Cases, Relating Chiefly to Points of Practice, Decided by the Superior Court of Chancery for the Richmond District,(Flatbush: I. Riley, 1809), 245.
