Marbury v. Thornton
Supreme Court of Virginia
Error to judgment of circuit court of city of Alexandria, rendered October 2, 1882, in an action of covenant, wherein William H. Marbury and M. D. Ball were plaintiffs, and Joseph Thornton was defendant. On 17th August, 1869, Thornton and wife, and William H. Dulaney, commissioner, conveyed a tract of land to W. H. Davis with special warranty. On same day Davis conveyed the land to W. H. Dulaney, in trust to secure $150,000 of negotiable notes which were due and unpaid.
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Error to judgment of circuit court of city of Alexandria, rendered October 2, 1882, in an action of covenant, wherein William H. Marbury and M. D. Ball were plaintiffs, and Joseph Thornton was defendant. On 17th August, 1869, Thornton and wife, and William H. Dulaney, commissioner, conveyed a tract of land to W. H. Davis with special warranty. On same day Davis conveyed the land to W. H. Dulaney, in trust to secure $150,000 of negotiable notes which were due and unpaid. At the time these deeds were executed, one J. D. Thorpe had on the land an incumbrance for $29,620.51. In May, 1882, Marbury…
1Opinion of the CourtHinton, J.
This is an action of covenant to recover damages for alleged breach of a special warranty of title brought by William H. Marbury and M. Dulaney Ball, substituted trustees, &c., as plaintiffs against Joseph Thornton, defendant.
The declaration avers that on the 17th day of August, 1869, Thornton and wife, and William H. Dulaney, commissioner of sale, sold and conveyed to William H. Davis, who took immediate possession thereof, a certain tract of land situate in the county of Fairfax, for the sum of $150,000. That on the same day Davis conveyed the same land to William H. Dulaney in trust to…
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