Utterback's adm'r v. Cooper
Supreme Court of Virginia
This was a suit in equity in the circuit court of Fauquier county, brought in February 1868 by E. T. 'Cooper, of Baltimore, to enforce the execution of a. deed of trust executed in July 1866 by Charles H. TJtterback, by which said TJtterback conveyed to R. W. L. Rasin a tract of land in the county of Fauquier, in trust to secure to Cooper the payment of a note of' $11,000. Charles H. TJtterback, Charles T. Green, administrator de bonis non of Armistead TJtterback, deceased,…
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This was a suit in equity in the circuit court of Fauquier county, brought in February 1868 by E. T. 'Cooper, of Baltimore, to enforce the execution of a. deed of trust executed in July 1866 by Charles H. TJtterback, by which said TJtterback conveyed to R. W. L. Rasin a tract of land in the county of Fauquier, in trust to secure to Cooper the payment of a note of' $11,000. Charles H. TJtterback, Charles T. Green, administrator de bonis non of Armistead TJtterback, deceased, and others, were defendants. The undisputed facts in the case are as follows : On the 2d of February 1859 Armistead…
1Opinion of the Court
Moncure, P.
This case has been argued very elaborately and ably by the learned counsel on both sides, who have quoted and commented on a great many authorities, but in my view of the case, it will not be necessary to consider many, if any of them, as I think it depends upon facts and principles which admit of little or no controversy. And,
First, in regard to the facts of the case. On the 5th of July 1866, Charles H. Utterback, of the county of Fauquier, Virginia, executed his negotiable note for eleven thousand dollars, payable two years after date, to the order of Edward E. Cooper of the city…
2Cases cited4 opinions
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Cocke v. MinorSupreme Court of Virginia · 1874
- Jones' Ex'ors v. ClarkSupreme Court of Virginia · 1875
- Smith v. GregorySupreme Court of Virginia · 1875
3Cited by6 opinions
- Hoge v. VintrouxWest Virginia Supreme Court · 1882
- Allen's Ex'x v. Shriver's Adm'rSupreme Court of Virginia · 1885
- Major v. FicklinSupreme Court of Virginia · 1889
- Stewart v. HurdSupreme Judicial Court of Maine · 1911
- Thurston's Adm'r v. SinclairSupreme Court of Virginia · 1884
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