Smith v. Butcher
Supreme Court of Virginia
The only questions involved in this, case, on this appeal, were whether it was a proper case for the appointment of a receiver, and whether a receiver could be appointed by the judge in vacation. In May 1869 John Butcher filed his bill in the circuit court of Fauquier county, in which he- alleged that he is the creditor of George W. F. Smith by three judgments.
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The only questions involved in this, case, on this appeal, were whether it was a proper case for the appointment of a receiver, and whether a receiver could be appointed by the judge in vacation. In May 1869 John Butcher filed his bill in the circuit court of Fauquier county, in which he- alleged that he is the creditor of George W. F. Smith by three judgments. That Smith is the owner of large and valuable tracts of land in Fauquier county, which are subject to his numerous judgment and deed of trust creditors. That these lands' are not sufficient to pay the recorded liens upon them, nor…
1Opinion of the CourtAnderson, J.
The appellee, John Butcher, exhibited his bill in chancery against G-. W. F. Smith, to enforce his judgment liens upon his real estate, and to ascertain the amount and priorities of the judgment and deed of trust liens upon the same, and to that end sought to have convened all his lien creditors, and prayed an account, and the appointment of a receiver to take charge of his estate. The defendant, G. W. F. Smith, answered the bill, and a commissioner was directed to take an account of said Smith’s real estate, and of his debts binding the same, and report. The commissioner reported the debts,…
2Cited by4 opinions
- Virginia Passenger & Power Co. v. FisherSupreme Court of Virginia · 1905
- Grantham v. LucasWest Virginia Supreme Court · 1879
- Shannon v. HanksSupreme Court of Virginia · 1891
- Teter v. GeorgeWest Virginia Supreme Court · 1920