McAllister v. Harman
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Augusta county, pronounced June 3, 1899, in a suit in chancery wherein the appellants were the complainants, and the appellees were the defendants. There was pending in the Circuit'Court of Bath county a chancery suit, under the style of Glendye’s Adm’r v. Glendye’s Heirs.
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Appeal from a decree of the Circuit Court of Augusta county, pronounced June 3, 1899, in a suit in chancery wherein the appellants were the complainants, and the appellees were the defendants. There was pending in the Circuit'Court of Bath county a chancery suit, under the style of Glendye’s Adm’r v. Glendye’s Heirs. Under proceedings had in that cause certain lands were sold to Lewis Harman and Carter Berkeley, and the sale was reported to and confirmed by the Circuit Court of Bath county. Under the terms of sale one-half of the purchase money was to be paid in cash, and the other half in…
1Opinion of the CourtBuchanan, J.
One of the questions involved in this appeal is whether a *547receiver of a court who is directed to collect purchase money due for land, the sale of which had been confirmed in the cause can, under his authority to collect, institute suit in another court to set aside an alleged voluntary and fraudulent conveyance of other land made by one of the purchase money debtors in order to subject it to the payment of the debt which the receiver is ordered to collect.
'Che general rule is that a receiver, who is a mere ministerial officer of the court by which he is appointed, must have its consent and…
2Cases cited2 opinions
- Watson v. JonesSupreme Court of the United States · 1872
- Reynolds' Ex'or v. PettyjohnSupreme Court of Virginia · 1884
3Cited by5 opinions
- Rees v. Emmons Coal Mining Co.West Virginia Supreme Court · 1921
- Madbeth, Inc. v. WeadeSupreme Court of Virginia · 1963
- Sterling v. BlackwelderDistrict Court, E.D. Virginia · 1968
- Blumberg Bros. v. KingWest Virginia Supreme Court · 1925
- Simmons v. AfifyVirginia Beach County Circuit Court · 1998