Kemp v. National Bank of the Republic of New York
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the Western District of Virginia. This is an appeal from a decree of the circuit court of the United States for the Western district of Virginia, rendered on the 21st day of December, 1898, annulling and setting aside a deed of trust from T. D. Berry and wife to C. A. Board, trustee, dated April 22, 1898, to secure two negotiable notes, of §>2,500 each,' held by tbe appellant Price.
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Appeal from the Circuit Court of the United States for the Western District of Virginia. This is an appeal from a decree of the circuit court of the United States for the Western district of Virginia, rendered on the 21st day of December, 1898, annulling and setting aside a deed of trust from T. D. Berry and wife to C. A. Board, trustee, dated April 22, 1898, to secure two negotiable notes, of §>2,500 each,' held by tbe appellant Price. The appellee filed its bill in equity in the lower court, setting forth that it was a creditor for a large amount of Thomas D. and W. W. Berry, Jr.,…
1Opinion of the CourtWaddill, District Judge
The assignment of error, presents for consideration a single question, namely, the correctness of the decision of the lower court in adjudging the deed in question to be invalid for lack of consideration. The appellee has raised a preliminary question, however, which will first be disposed of, namely, whether the said decree is a final one, and from which an appeal will lie. It is earnestly contended that no appeal lies, as the decree was merely interlocutory, and would not be final until the execution of the order of reference mentioned in the decree. This, position may be conceded, so far…
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