Legal Opinion

Fitzhugh's Ex'ors v. Fitzhugh

Supreme Court of Virginia

Decided April 15, 1854PublishedCited by 13 opinions

This was a suit in the Circuit court of Fauquier county, instituted in 1844 by the executors of Thomas Fitzhugh against Dudley Fitzhugh, to enforce a deed of trust executed by the latter in September 1823, to secure two debts amounting to eleven hundred and fifty dollars due to Thomas Fitzhugh. The bill sets out the deed and alleges that no part of the debt had been paid.

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This was a suit in the Circuit court of Fauquier county, instituted in 1844 by the executors of Thomas Fitzhugh against Dudley Fitzhugh, to enforce a deed of trust executed by the latter in September 1823, to secure two debts amounting to eleven hundred and fifty dollars due to Thomas Fitzhugh. The bill sets out the deed and alleges that no part of the debt had been paid. It alleges that one of the executors of Thomas Fitzhugh is the trustee in the deed and interested in his estate, and therefore cannot sell under the deed; and that the plaintiffs do not know what number of slaves embraced in…

1Opinion of the Court

ALLEN, P.

This case is one of the first impression in this court, and I have had some difficulty in arriving at any conclusion satisfactory to my own mind. „ The difficulty has been somewhat increased) by the conflicting pretensions relied on by the appellee to defeat the claim. The allegations of the answer that the testator had no intention of exacting payment when the money was advanced, and that the appellee without his knowledge executed the deed of trust and spread it upon record, are refuted by an exhibition of the deed itself. From that, as it appears in the record, it seems that the…

2Cited by13 opinions

  1. Nease v. CapepartWest Virginia Supreme Court · 1879
  2. Henry v. DavisWest Virginia Supreme Court · 1874
  3. Henry v. DavisWest Virginia Supreme Court · 1878
  4. Adams v. Munter & BrotherSupreme Court of Alabama · 1883
  5. Ayres v. RobinsSupreme Court of Virginia · 1878

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