Fitzgibbon v. Barry
Supreme Court of Virginia
Appeal from decree of corporation court of Norfolk city-rendered June llth, 1881, in the consolidated causes of M. Fitzgibbon, &c. v. Charles W. Wills, &c., and W. H. Burroughs, trustee, &c. v. Thomas M. Wills, &c, and Mary M. Barry, by her next friend, &c. v. Maurice Fitzgibbon, &c.
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Appeal from decree of corporation court of Norfolk city-rendered June llth, 1881, in the consolidated causes of M. Fitzgibbon, &c. v. Charles W. Wills, &c., and W. H. Burroughs, trustee, &c. v. Thomas M. Wills, &c, and Mary M. Barry, by her next friend, &c. v. Maurice Fitzgibbon, &c. That decree adjudged that the decree pronounced May 21st, 1872, in the first of the above-named causes, substituting W. H. Burroughs as trustee in the deed of C. W. Wills, dated September 26th, 1867, in the place of Maurice Fitzgibbon, and all other proceedings had therein, were and are null and void as to Mrs.…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
After stating the facts, he proceeded:
The case turns on the validity and effect of the order of the corporation court of Norfolk, entered on the 21st day of May, 1872. The sole object of the suit in which it was entered was to substitute in the place of the plaintiff, the appellant here, W. H. Burroughs, as trustee in the trust deed of September 26, 1867. But to that suit, Mrs. Barry, a beneficiary in the deed, and one of the appellees, was not a party; and the question is, whether she was bound thereby.
*760It is an undisputed general rule in equity,…
2Cases cited1 opinion
- Greer v. GreersSupreme Court of Virginia · 1852
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