Terry v. Fitzgerald
Supreme Court of Virginia
This was an appeal from a decree of the circuit court of Pittsylvania county, dissolving an injunction which had been granted at the suit of William C. Terry to restrain the sale of a tract of land which had been conveyed by said Terry and his wife in trust to secure a debt due to William B. Fitzgerald.
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This was an appeal from a decree of the circuit court of Pittsylvania county, dissolving an injunction which had been granted at the suit of William C. Terry to restrain the sale of a tract of land which had been conveyed by said Terry and his wife in trust to secure a debt due to William B. Fitzgerald. By deed bearing date the 3d of January, 1874, William O. Terry and Sallie F., his wife, conveyed to Samuel M. Stone a tract of land of eleven hundred and seventeen acres, made up of five or six several parcels, in trust to secure a debt of $4,160, with eight per cent, interest, payable…
1Opinion of the CourtAnderson, J.
This ease comes up on a motion to dissolve an injuntion on bill and answer. The injunction was to enjoin the sale of a tract of eleven hundred and seventeen acres of land in the county of Pittsylvania, by a substituted trustee, under a deed of trust, to satisfy a debt of $4,000, and the interest which had accrued on it, and five per cent, commissions to the trustee.
One of the grounds of the injunction was, that the trustee as alleged by the bill was insolvent, and otherwise unfit for the execution of such a trust, and ought at least to be required to give security before he should be allowed…
2Cited by4 opinions
- Fine Acres, Inc. v. WhitehurstSupreme Court of Virginia · 1965
- Williams v. JonesSupreme Court of Virginia · 1935
- Beverly v. Sovran Bank, N.A.Wise & Norton County Circuit Court · 1989
- McIver v. SalomonskyRichmond County Circuit Court · 1978