Guggenheimer & Co. v. Rogers
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Nelson county, pronounced May 1, 1896, in a suit in chancery wherein the appellants and others were the complainants, and the appellees were the defendants.
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Appeal from a decree of the Circuit Court of Nelson county, pronounced May 1, 1896, in a suit in chancery wherein the appellants and others were the complainants, and the appellees were the defendants. This was a hill filed by the appellants and others against John H. Nelson, trustee, and others, for the purpose of compelling said Nelson to account for the gross proceeds of the sale of certain horses sold by him under a deed of trust upon which appellant held a prior deed of trust.
1Opinion of the Court
Harrison, J.,
delivered the opinion of the court.. On the 23d of January, 1895, H. O. Rogers conveyed, together with certain other personal property, about fifty head of horses to E. E. Sheffey, as trustee, to secure the appellants, Guggenheimer & Co., and two other creditors, certain notes, all of which have, since the institution of this suit, been acquired by appellants. The deed provides that the grantor shall retain possession of the property for twelve months from its date, and take all the issues, use, and profits thereof until the expiration of that period.
It appears that the execution…
2Cited by1 opinion
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