Pillow v. Southwest Virginia Improvement Co.
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Tazewell county, pronounced September 1, 1893, in two suits in chancery heard together, wherein appellants were complainants, and the appellees were the defendants.
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Appeal from a decree of the Circuit Court of Tazewell county, pronounced September 1, 1893, in two suits in chancery heard together, wherein appellants were complainants, and the appellees were the defendants. The second-mentioned suit was a suit in chancery instituted in the Circuit Court of Tazewell county by some of the heirs of Thomas Turner, deceased, against the Southwest Virginia Improvement Company and others, for the partition of a tract of one hundred acres of land, whereof it was alleged that said Thomas Turner died seised and possessed. Defence was made on the ground that said…
1Opinion of the CourtBuchanan, J.
The record in the second-named case shows that Thomas Turner, deceased, whose heirs brought the suit for partition, had some years before his death sold the land to Emanuel Church, and executed a title bond to him therefor; that the purchase money had been fully paid; and that his heirs held merely the legal title, without any beneficial interest in the land. The title bond was not produced, but the evidence shows that search for it was made among the papers of the *147Flat-Top Land and Goal Association, in whose possession it ought to have been, and it could not be found. The proof of its…
2Cases cited8 opinions
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