Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-12

Bradshaw as admr. of Lockridge OBJ
tanned Il Judgment against one Glad
Well Subsequently Caldwell conveyed
certain land which was bound by this
Judgment to Bradshaw (who as admir-
had obtained the judgment.) The 1udg-
ment was assigned TO Bratton, the ap-
pellee, to whom some payments were
made by Bradshaw. Later Bratton, be-
ing in need of money. wrote TO Brad
shaw asking for payment, and the lat
ter wrote him promising to pay him
sooner than he could make his money
by law, end Bratton did not enforce the
judgment and . became barred by the
statute Of Limitations. Afterwards
Bratton got his attorney to see Brad
shaw who executed a bond to Bratton
for the amount due on the judgment
and confessed judgment for 1t, 1t hav-
Ing been agreed that the old Judgment
should be marked Satisfied" BY some
oversight this was not Immediately
done and bradshaw obtained n letter
from Bratton to the clerk stating that
bradshaw having acknowledged n judg
ment ard there being n judgment
against Caldwell for the same debt and
not wishing to hold two judgments
against Bradshaw he would please
mark the latter judgment satisfied
bradshaw carried this letter to the
clerk and prevailed on him to mark
satisfied" the Judgment which he had
confessed. Bratton thcreupon brought
suit charging fraud upon bradshaw and
asking to have the entry of Satisfied"
erased and annulled. Bradshaw claim
ed -tliaEhiS- confession efiaag tnenthad-
been obtained by the false statement OF
l3ratton's attorney that the old judy
ment was not barred by the statute of
limitations of which he was ignorant.
The lower court held that the confess
ed Judgment was not obtained by mis-
representation and that the release was
obtained by fraud and decrced for the
appellee. Bration. whereupon Bradshaw
appealed. The court says: The paper
signed by Bratton. in which is to be
found the only semblance OF authority
to mark any judgment in his favor
satisfied when properly construed. is
plainly direction TO the clerk to enter
satisfaction OF the caldwell judg-
ment," for that Judgment. though prior
in 2oint of time was the "LATTER."
OF the two judgments in the order in
which they were mentioned By Bratton
In his letter. and when Bradshaw in
duccd the clerk to enter satisfaction of
the Judgment confessed by him, he was
guilty of n fraud.
We are of C9inion that the letters.
especially that of July IL. 1893, is n
promise to pay the Judgment in con-
trovcrsy. 1t is true that bradshaw had
never assumed it's payment. but he had.
from time to time. made payments
upon It, and at the date of the letter
upon real estate in his possess on to
the enforcement of which in due course
OF law he could have interposed no de-
fence. We have then Il written prom
Use on Bradshaw's part to pay the
Gladwell Judgment, and it only remains
To consider whether that promise rests
upon Il sufficient consideration. Brat
ton was in need of money: he looked
To his Judgment as the means by which
IL might be procured: he demand / its
payment; he threatened suit In reply
bradshaw tells him, II will nay YOU
before you can make 1t by law. e"
There is no express acceptance OF this
promise. but the threatened suit is not
instituted. T2radshaw's possession was
not disturbed and he was permitted to
remain In the uninterrupted enjoyment
or the Land bound by this Judgment
THIS was not Il promise for the benefit
OF Caldwell, but one that enurcd to
the benefit of the oromissor 1t is
true that the encumbrance was not exJ
tinEuished as condition or considera-
tlon 1of the promise, nor can the fact
ln1t II snbsenMently hecame barred be
looked to as Il part of the consideration,
Tor Il was not Bradshaw's debt, but
that Bratton refrained from its en-
forcement on the faith of the promise
was of great benefit to bradshaw. and
Is as good, though not as great. n con-
sideration rs the eXtinSuishment of the
encumbrance would have been The
evidence establishes that there was n
promise To pay the Caldwell debt; that
the promise was in writing; that IT
rested upon sufficient consideration
ana mat 1t was accepted and acted