Moran v. Brent
Supreme Court of Virginia
This was a bill filed in May 1871 in the Corporation court of Alexandria, by Anthony Moran against George W. Brent, trustee, and others, to enjoin the sale of a house and lot in the city of Alexandria, under a second deed of trust.
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This was a bill filed in May 1871 in the Corporation court of Alexandria, by Anthony Moran against George W. Brent, trustee, and others, to enjoin the sale of a house and lot in the city of Alexandria, under a second deed of trust. The plaintiff, in 1868, purchased the house and lot of Hopkins and Hull, trustees under the will of Joseph Janney deceased, and executed to Reuben Johnson a deed of trust upon it to secure the payment to them of six-promissory notes amounting to $4,441.94, and payable from six months to three years from the date. He afterwards, in January 1870, executed another…
1Opinion of the CourtAnderson, J.
Upon the authority of repeated decisions of this court, it was premature and error to decree the sale of' the real estate in the bill and proceedings mentioned, until the court had ascertained and adjusted the amount of liens thereon and their priorities. Cole’s adm’or v. McRae, 6 Rand. 644; Smith & al. v. Flint & al., 6 Gratt. 40; Lipscomb v. Rogers, 20 Gratt. 658; White v. Mech. Building Fund Association, 22 Gratt. 233. A reference should have been made to a commissioner of the court with instructions to convene before him in such manner as to the said court should seem proper, Bassil B.…
2Cases cited2 opinions
- Cole's Aministrator v. M'RaeSupreme Court of Virginia · 1828
- White v. Mech. Building Fund Ass'nSupreme Court of Virginia · 1872
3Cited by9 opinions
- Horton v. BondSupreme Court of Virginia · 1877
- Marling v. RobrechtWest Virginia Supreme Court · 1878
- Kendrick v. WhitneySupreme Court of Virginia · 1877
- Anderson v. NagleWest Virginia Supreme Court · 1877
- Rohrer v. TraversWest Virginia Supreme Court · 1877
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