Miller v. Holland
Supreme Court of Virginia
Appeal from decree of circuit court of Pittsylvania county, rendered February 7th, 1887, in the cause wherein John W. Holland was complainant, and C. 0. Miller, L. 0. Powell and Louisa, his wife, and 2ÑT. C. Miller, trustee, and others, were defendants.
Read the full summary
Appeal from decree of circuit court of Pittsylvania county, rendered February 7th, 1887, in the cause wherein John W. Holland was complainant, and C. 0. Miller, L. 0. Powell and Louisa, his wife, and 2ÑT. C. Miller, trustee, and others, were defendants. The case is the sequel to the case of Coles v. Withers, 33 Gratt., 186. The facts necessary to be stated in order to a correct understanding of the question decided by the court are these: In 1852 Miss Elizabeth D. Coles sold and conveyed to John Rice Miller a tract of land containing 297 acres, situate in Pittsylvania county, reserving a lien…
1Opinion of the Court
Lewis, P.,
after stating the case, delivered the opinion of the court.
There is no doubt that inasmuch as John Rice Miller died without making provision in his will for the payment of his ■debts, the whole of his estate, by virtue of the statute, become assets at his death for that purpose. Code 1873, ch. 127, § 3. But it by no means follows from this provision of the statute that the decree subjecting the land of the appellants to the satisfaction of the plaintiff’s claim is right. On the contrary, when viewed in the light of certain well-established principles ■of equity, it is plainly…
2Cases cited6 opinions
- Brush v. WareSupreme Court of the United States · 1841
- Lamar's Ex'or v. HaleSupreme Court of Virginia · 1884
- Enders v. BruneCourt of Appeals of Virginia · 1826
- La Farge Fire Insurance v. BellNew York Supreme Court · 1856
- Hudson v. DismukesSupreme Court of Virginia · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fidelity Insurance, Trust & Safe Deposit Co. v. Shenandoah Valley RailroadSupreme Court of Virginia · 1889
- Smith v. OwensWest Virginia Supreme Court · 1907
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Rixey v. Pearre Bros. & Co.Supreme Court of Virginia · 1892
- Parten v. First National Bank & Trust Co.Supreme Court of Minnesota · 1938
8 more not listed; retrieve them via the Exa API.