Christian v. Cabell
Supreme Court of Virginia
By deed bearing date on the 18th of July 1860, Mayo Cabell and’-wife conveyed to Vm. D. Cabell a certain house and lot in the city of Lynchburg, known as the Lynchburg Female Seminary, and also furniture and °ther personal property, in trust—first, to secure certain notes which Mayo Cabell had given in part of the purehase money of the property, and second, for the sole and separate use of Mrs. Margaret B. Brown, wife of Bobert L. Brown, and daughter of Mayo Cabell.
Read the full summary
By deed bearing date on the 18th of July 1860, Mayo Cabell and’-wife conveyed to Vm. D. Cabell a certain house and lot in the city of Lynchburg, known as the Lynchburg Female Seminary, and also furniture and °ther personal property, in trust—first, to secure certain notes which Mayo Cabell had given in part of the purehase money of the property, and second, for the sole and separate use of Mrs. Margaret B. Brown, wife of Bobert L. Brown, and daughter of Mayo Cabell. The deed provided that the property might be sold for the payment of the debts, or if Mayo Cabell paid them, that he might…
1Opinion of the CourtStaples, J.
As a general rule the purchaser at a judicial sale is required to pay the consideration for the estate, although it be destroyed or taken from him by superior title before a conveyance is executed. For the purposes of this case, it is unnecessary to state either the modifications or exceptions to this rule. The question to be considered is, whether the sale here is of that character. The written agi’eement is filed as an exhibit in the cause. It purports to be a memorandum of a contract between R. L. Brown and wife of the one part, and the appellant, as purchaser, of the second part. It…
2Cases cited1 opinion
- Daniel v. LeitchSupreme Court of Virginia · 1856
3Cited by22 opinions
- Max Meadows Land & Improvement Co. v. BradySupreme Court of Virginia · 1895
- Newberry v. FrenchSupreme Court of Virginia · 1900
- McAllister v. HarmanSupreme Court of Virginia · 1902
- Clark v. HutzlerSupreme Court of Virginia · 1898
- Ware v. StarkeySupreme Court of Virginia · 1885
17 more not listed; retrieve them via the Exa API.