Gwathmeys v. Ragland
Supreme Court of Virginia
A deed of trust was executed by William and Francis Sutton to trustees, to secure the payment of three notes to a certain Anderson Barrett. The first note was paid ; the second transferred by endorsement to Nathaniel Bag-land, without any assignment to him, of the deed of trust; the third note was endorsed to Robert and Temple Gwathtney, who took an assignment of the deed^of trust, for their security.
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A deed of trust was executed by William and Francis Sutton to trustees, to secure the payment of three notes to a certain Anderson Barrett. The first note was paid ; the second transferred by endorsement to Nathaniel Bag-land, without any assignment to him, of the deed of trust; the third note was endorsed to Robert and Temple Gwathtney, who took an assignment of the deed^of trust, for their security. The trustees having advertised the land for sale, to satisfy Ragland’s claim, Robert and Temple Gwathmey filed a bill, in the superior court of chancery of Richmond, against Ragland and the…
1Opinion of the Court
June 2.
Judge Brooke,
delivered the opinion of the court:
The court is of opinion, that the deed of trust from the Buttons, being intended by the parties to it, as additional security for the payment of the note to Barrett or liis assigns, in the order in which they fell due, it followed the notes into the hands of the several holders thereof j and that it was not competent to Barrett, by an assignment of the deed to the appellants, (without the assent of the appellee, to whom the second note had been assigned) to deprive him of his priority of right, to demand a sale of the trust property in…
2Cited by12 opinions
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- Tingle Adm'r v. FisherWest Virginia Supreme Court · 1882
- McClintic v. Wise's adm'orsSupreme Court of Virginia · 1874
- Cullum v. EmanuelSupreme Court of Alabama · 1840
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