Woodward v. Sibert
Supreme Court of Virginia
Appeal from decree of circuit court of Rockingham county, rendered April 17, 1885, in the cause of Catherine Sibert against Mary B. Brown, Mary A. Woodward, and Samuel M. her husband. In 1859 John Sibert sold and conveyed to John Koontz a tract of land situate near Bridgewater, in Rockingham county, containing about one hundred and twenty-four acres. In 1862 the land was sold and conveyed by Koontz to Bernard S. and Mary B. Brown.
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Appeal from decree of circuit court of Rockingham county, rendered April 17, 1885, in the cause of Catherine Sibert against Mary B. Brown, Mary A. Woodward, and Samuel M. her husband. In 1859 John Sibert sold and conveyed to John Koontz a tract of land situate near Bridgewater, in Rockingham county, containing about one hundred and twenty-four acres. In 1862 the land was sold and conveyed by Koontz to Bernard S. and Mary B. Brown. At that time there was due by Koontz to Sibert a balance of purchase money amounting to about $3,700, which the Browns assumed to pay as part consideration of their…
1Opinion of the Court
Lewis, P.
(after stating the case), delivered the opinion.
The case lies within a narrow compass, and may be briefly disposed of. The question is, whether the defendant, Mary B. Brown, has a beneficial interest in the land decreed to be sold, which is subject to the lien of the plaintiff’s judgment; and we are of opinion that she has.
The appellants contend that although the deed from Koontz conveyed the land to Bernard S. and Mary B. Brown absolutely, yet the land was fully paid for with assets of the estate of their intestate, and,( consequently, was held by them upon a resulting trust for…
2Cases cited2 opinions
- Sinclair v. SinclairSupreme Court of Virginia · 1884
- Miller v. Blose's Ex'orSupreme Court of Virginia · 1878
3Cited by4 opinions
- Morrow v. MatthewIdaho Supreme Court · 1904
- Higginbotham v. BoggsCourt of Appeals for the Fourth Circuit · 1916
- Coons v. CoonsSupreme Court of Virginia · 1907
- Towle v. WadsworthIllinois Supreme Court · 1893