Skipwith's ex'or v. Cunningham
Supreme Court of Virginia
By deed bearing date the 13th of October 1827, between Richard M. Cunningham of the first part, William H. Brodnax and Charles F. Osborne of the second part, and such creditors of Cunningham as might testify their assent to the term’s of the deed in the mode therein prescribed, of the third part, it was recited that Cunningham was justly indebted to several creditors in different and large amounts, involving, in his judgment, equal legal but different moral and honorary…
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By deed bearing date the 13th of October 1827, between Richard M. Cunningham of the first part, William H. Brodnax and Charles F. Osborne of the second part, and such creditors of Cunningham as might testify their assent to the term’s of the deed in the mode therein prescribed, of the third part, it was recited that Cunningham was justly indebted to several creditors in different and large amounts, involving, in his judgment, equal legal but different moral and honorary obligation on his part to adjust and secure them: that he was anxiously solicitous to provide, as far as in his power, a…
1Opinion of the Court
Tucker, P.
The counsel in this case have very laboriously discussed a question which appears tp me to have been completely closed by the well considered decisions of this court. In The Mutual Assurance Society v. Stanard, 4 Munf. 539. the court were of opinion that the lien of a judgment upon the lands of the party relates back to the commencement of the term at which it is obtained, and overreaches a deed of trust or other incumbrance on the land executed on or after the first day of the term. In the case of Coutts v. Walker, 2 Leigh 268. the counsel for the appellant suggesting that the…
2Cases cited14 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Brashear v. WestSupreme Court of the United States · 1833
- Marbury v. BrooksSupreme Court of the United States · 1822
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
- Hendricks v. RobinsonNew York Court of Chancery · 1817
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3Cited by16 opinions
- Kalt v. YoungworthCalifornia Supreme Court · 1940
- Payne v. PayneSupreme Court of Virginia · 1920
- Brekke v. CrewSouth Dakota Supreme Court · 1920
- Schroeder v. WoodwardSupreme Court of Virginia · 1914
- Bottimore v. First & Merchants National BankSupreme Court of Virginia · 1938
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