Legal Opinion

Russell v. Randolph

Supreme Court of Virginia

Decided October 9, 1875PublishedCited by 8 opinions

By deed bearing date tbe 18th day of April, 1868, Beverly Randolph and his wife, in consideration of the sum of $7,542.50, conveyed, with general warranty, to J". M. Cobb, a tract of land in the county of Clarke.

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By deed bearing date tbe 18th day of April, 1868, Beverly Randolph and his wife, in consideration of the sum of $7,542.50, conveyed, with general warranty, to J". M. Cobb, a tract of land in the county of Clarke. And by deed of the same date Cobb and wife conveyed the same land to D. H. McGuire, to secure the payment of several sums of money, each for the sum of $1,385.62-|-, with interest payable annually from the 1st of March, 1868, and due respectively on the 1st of September in the years 1869, 1870, 1871 and 1872. Both of these deeds were acknowledged before the same justices of the peace…

1Opinion of the CourtStaples, J.

The court is of opinion, that the declaration and claim of “homestead” made by Beverley Randolph on the 17th of March 1871, is void as against the .judgment recovered by Duval, Keigler & Co. at the July term of the County court of Clarke, 1868. That such declaration and claim are invalid as to anteeecedent debts is fully established by the decisions of this court, and of the Supreme Court of the United States. Homestead Cases, 22 Gratt. 266.

The deed of trust executed by Beverly Randolph on the 10th of August 1871, for the benefit of his wife and children, and embracing a part of the property…

2Cases cited1 opinion

  1. Homestead CasesSupreme Court of Virginia · 1872

3Cited by8 opinions

  1. Cochran v. ParisSupreme Court of Virginia · 1854
  2. Peery's Administrator v. ElliottSupreme Court of Virginia · 1903
  3. Blakemore v. WiseSupreme Court of Virginia · 1897
  4. Ragsdale v. HagySupreme Court of Virginia · 1852
  5. Commonwealth Trust Co. of Pittsburgh v. Citizens National Bank of ConnellsvilleWest Virginia Supreme Court · 1925

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