Legal Opinion

State Savings Bank v. Stewart

Supreme Court of Virginia

Decided July 30, 1896PublishedCited by 25 opinions

Appeal from a decree of the Hustings Court of the city of Roanoke, pronounced September 30,1893, in a suit in chancery, wherein the appellee was the complainant, and James Ellwood and others were the defendants.

Read the full summary

Appeal from a decree of the Hustings Court of the city of Roanoke, pronounced September 30,1893, in a suit in chancery, wherein the appellee was the complainant, and James Ellwood and others were the defendants. On March. 20, 1890, E. H. Stewart and wife conveyed to James Ellwood two lots of land in the city of Roanoke, describing them as situated at the Northwest corner of Trout avenue and “ I ” street, and also describing them as lots 91 and 10, section 5 of the West End map, to be found on file in the clerk’s office of the Hustings Court of the city of Roanoke, Va., to which map'reference…

1Opinion of the CourtBuchanan, J.

The appellee brought suit to subject two lots in the city of Roanoke to the payment of liens thereon. The appellant the State Savings Bank, denied that the debt of the appellee was a lien upon the lots sought to be sold, but the court was of opinion that it was not only a lien, but superior to that of said appellant, and so decreed. From that decree this appeal was taken.

A separate deed of trust was given to secure each debt. If the lots sought to be sold were embraced in the deed of trust given to secure the debt of the appellee, there is no question that his lien is superior to that of the…

2Cases cited5 opinions

  1. Jefferis v. East Omaha Land Co.Supreme Court of the United States · 1890
  2. Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
  3. Wootton v. Redd's ex'orSupreme Court of Virginia · 1855
  4. Cox v. HartSupreme Court of the United States · 1892
  5. Preston & Massie v. Heiskell's trusteeSupreme Court of Virginia · 1879

3Cited by25 opinions

  1. State Ex Rel. State Building Commission v. BaileyWest Virginia Supreme Court · 1966
  2. Barbour v. TompkinsWest Virginia Supreme Court · 1906
  3. Flanary v. KaneSupreme Court of Virginia · 1904
  4. Conner v. HendrixSupreme Court of Virginia · 1952
  5. Thomas v. YoungWest Virginia Supreme Court · 1923

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API