Cases Decided in the Supreme Court of Appeals of Virginia Volume 50

Cases Decided in the Supreme Court of Appeals of Virginia Volume 50

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854 edition. Excerpt: ...'was the true value of each of the tracts of land in the said deeds mentioned, and the true consideration paid therefor by George W. Henderson. And also to ascertain the true value of the slave and other personal property mentioned in the bill of sale aforesaid, and the consideration paid therefor. George W. Henderson applied to this court for an appeal from this decree, which was allowed. Price and McPherson, for the appellant. Fry, for the appellee. Samvsns, J. I am of opinion the Circuit superior court of law and chancery for Wood county should have rendered no decree in the case until'it had caused the persons holding the titles to the lands sought to be charged," to be made parties to the suit. As a moiety of their lands if subjected to the lien of complainants' judgment, can only be so subjected after applying the personal estate of Alexander Henderson, if any, to the part payment thereof, thesc persons have a direct interest in the questions connected with the personal property. It was improper therefore, to decide in regard to the personal property in their absence. And moreover the decree in regard to the land would be wholly inoperative against those who held the titles but who are not parties to the suit. The decree should be reversed with costs to the appellant, and the cause remanded with directions to make parties such persons as hold titles to the land conveyed by Alexander Henderson to George W. Henderson by the deeds bearing date the 6th and 7th days of december 1825, and for further proceedings to be had therein. I The other judges concurred. The decree was as follows: The court is of opinion that the Circuit court of Wood county erred in rendering any decree affecting the real or personal property sought more

Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • United States
  • English
  • black & white illustrations
  • 1236943554
  • 9781236943552