DANIELS V. TEARNEY, 102 U. S. 415 (1880)

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U.S. Supreme Court

Daniels v. Tearney, 102 U.S. 415 (1880)

Daniels v. Tearney

102 U.S. 415


1. The convention of the State of Virginia passed, April 13, 1861, an ordinance entitled "An Ordinance to provide against the sacrifice of property and to suspend proceedings in certain cases," whereby, if a debtor, against whom there was an execution in the hands of an officer offered bond and security for the payment of debt, interest, and costs, when the operation of the ordinance should cease, his property should be restored to him. If he offered no bond, the property was to be restored to him without lien, unless it would bring its appraised value as of the date of Nov. 6, 1880. No executions were, after the date of the ordinance, to be issued against residents except in favor of the state. The convention passed, April 18, 1861, an ordinance of secession. A., against whom an execution was issued March 21 of that year, availed himself of the provisions of the ordinance of April 13 by giving the requisite bond and security. The judgment against him remaining unpaid and the ordinance having ceased to operate, suit was brought on the bond. Held that the obligors are estopped from setting up that, by reason of anything contained in the ordinance, the bond is invalid.

2. Home Insurance Co. v. City Council of Augusta, 93 U. S. 116, and United States v. Hodson, 10 Wall. 396, cited and approved.

The facts are stated in the opinion of the Court.

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