Parker v. Donnally
West Virginia Supreme Court
A chancery suit was pending in the circuit court of Ka-nawah county, of Parker, Beale et al. v. A. F. Formally et al., to enforce liens against the defendants, in October, 1867, when Charles Hedrick, executor of Samuel J. Cabell, deceased, filed a petition in the nature of a cross-bill, alleging that the president, directors and company, of the bank of Virginia, were parties to the suit, and were creditors of the Donnallys, secured by a deed of trust; that their claim…
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A chancery suit was pending in the circuit court of Ka-nawah county, of Parker, Beale et al. v. A. F. Formally et al., to enforce liens against the defendants, in October, 1867, when Charles Hedrick, executor of Samuel J. Cabell, deceased, filed a petition in the nature of a cross-bill, alleging that the president, directors and company, of the bank of Virginia, were parties to the suit, and were creditors of the Donnallys, secured by a deed of trust; that their claim amouted to 15,000 dollars or more. That this claim had been reported in the cause, by a master, as the property of Isaac N.…
1Opinion of the Court
Berkshire, President.
The appellant founds his claim to the fund in controversy, upon an alleged lien created on it by virtue of an attachment sued out in August, 1867, in the suit previously instituted and then pending against the president and directors of the Farmers’ Bank of Virginia (as a foreign corporation) and others, referred to in his petition or cross-bill filed in this cause.
The suit against the bank and others was for the purpose of enforcing the collection of a large debt due from it to the appellant’s testator, as a depositor in said bank, and to settle up and close the business…
2Cited by15 opinions
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- Brewer v. HuttonWest Virginia Supreme Court · 1898
- Hall v. Bank of VirginiaWest Virginia Supreme Court · 1878
- Drainer v. TravisWest Virginia Supreme Court · 1935
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