Braxton v. Bell
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Augusta county, pronounced June 2, 1894. This was a suit in chancery instituted in the Circuit Court of Augusta county by H. M. Bell against Carter Braxton, trustee in a deed of trust made by Chichester & Stewart, and against the grantors in said deed, and the creditors therein secured.
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Appeal from a decree of the Circuit Court of Augusta county, pronounced June 2, 1894. This was a suit in chancery instituted in the Circuit Court of Augusta county by H. M. Bell against Carter Braxton, trustee in a deed of trust made by Chichester & Stewart, and against the grantors in said deed, and the creditors therein secured. The complainant charged that on April 7, 1888, he had sold certain real estate, known as “ Stribling Springs ” property, to Chichester & Stewart, on credit; that the purchaser had agreed, amongst other things, to give a deed of trust, not only on said real estate,…
1Opinion of the CourtRiely, J.
On April 7, 1888, as is evidenced by the contract of that date, H. M. Bell sold to Frank Chichester and Bobert L. Stewart the real estate in Augusta county known as “ Stribling Springs” for the sum of $15,000, to be paid in instalments extending over several years, for which the vendees were to execute their bonds and secirre them by a deed of trust on the real estate, and also by a deed of trust on any personal property they might thereafter put on the premises. The contract of sale was acknowledged and admitted to record in the clerk’s office of the County Court of Augusta county on July 3,…
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