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It was not necessary for the plaintiff below to prove a forfeiture, or breach of the condition; but it was incumbent on the defendant to prove performance. On the contrary, the Sheriff has returned upon the bond, that the property was not delivered.
The Court affirmed the judgment.
Document Info
Citation Numbers: 1 Va. 427
Filed Date: 10/15/1794
Precedential Status: Precedential
Modified Date: 10/18/2024