Miller v. Holcombe's Ex'or
Supreme Court of Virginia
By deed bearing date the 20th of September 1821, Nicholas Harrison of the town of Lynchburg, conveyed to Robert L. Coleman and Thomas A. Holcombe a large property, consisting of lands, slaves and other personal property, and choses in action, in trust, first to pay certain debts therein specified, due to Boyd Miller, pllis & Allen, Garland, Walton & Penn, and others. *And the deed then directs that the trustees “shall so dispose of the said property that no security in the…
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By deed bearing date the 20th of September 1821, Nicholas Harrison of the town of Lynchburg, conveyed to Robert L. Coleman and Thomas A. Holcombe a large property, consisting of lands, slaves and other personal property, and choses in action, in trust, first to pay certain debts therein specified, due to Boyd Miller, pllis & Allen, Garland, Walton & Penn, and others. *And the deed then directs that the trustees “shall so dispose of the said property that no security in the debts aforesaid, shall suffer or be injured on account thereof.” And if the trustees should be security for any debt not…
1Opinion of the CourtLee, J.
The first question to be considered in this cause is that arising on the exception taken on behalf of the appellant and others to the report of commissioner Wyatt, for want of legal notice. The report was returned on the 11th of October 1838 ; and this ^exception was not made until the 24th of April 1845; upwards of six years afterwards, nor until after the cause had come on to be heard at the special term without objection, and been argued by counsel, and the opinion of the court pro*332nounced against the parties so excepting. During this interval, and while the report was lying in the office,…
2Cited by16 opinions
- Harvey's Adm'r v. Steptoe's Adm'rSupreme Court of Virginia · 1867
- Bank of Mill Creek v. Elk Horn Coal Corp.West Virginia Supreme Court · 1950
- Roller v. PaulSupreme Court of Virginia · 1906
- Cogbill v. BoydSupreme Court of Virginia · 1883
- Feamster v. FeamsterWest Virginia Supreme Court · 1891
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