Preston & Massie v. Heiskell's trustee
Supreme Court of Virginia
This is a suit in equity in the circuit court of the county of Washington, brought in April, 1878, by Daniel Trigg, trustee of Wm. King Heiskell, against The Holston Salt and Plaster Company, George W. Palmer, Wm. A. Stuart, Thomas L. Preston and Heiskell’s adm’or. The object of the suit was to recover five-elevenths of the stock of said company, which the plaintiff insisted Heiskell had not sold and conveyed to Preston in certain deeds which he sets out.
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This is a suit in equity in the circuit court of the county of Washington, brought in April, 1878, by Daniel Trigg, trustee of Wm. King Heiskell, against The Holston Salt and Plaster Company, George W. Palmer, Wm. A. Stuart, Thomas L. Preston and Heiskell’s adm’or. The object of the suit was to recover five-elevenths of the stock of said company, which the plaintiff insisted Heiskell had not sold and conveyed to Preston in certain deeds which he sets out. It appears that Heiskell owned certain interests in King’s salt works, and as a part of them, the interests of Duncan R. Claiborne, James…
1Opinion of the CourtAnderson, J.
*55The court is of opinion, that William King Heiskell sold and conveyed to Thomas L. Preston, by the deed of July 14th, 1862, the interest in the Kings salt works he purchased from John, James and Duncan R. Claiborne. r . . . The terms of the grant are, “the said Heiskell bargains and sells, with general warranty, to said Preston, * * * * his interest purchased from John Claiborne, James Claiborne and Duncan R. Claiborne.” And as further description, he adds the words, “one two-hundred and seventieth each.” We do not think these words were intended to be restrictive of the quantity; or to imply…
2Cases cited1 opinion
- Wootton v. Redd's ex'orSupreme Court of Virginia · 1855
3Cited by3 opinions
- Radford v. FowlkesSupreme Court of Virginia · 1889
- State Savings Bank v. StewartSupreme Court of Virginia · 1896
- Davis v. SeyboldCourt of Appeals for the Fourth Circuit · 1912