Legal Opinion

Walraven v. Lock

Court of Appeals of Virginia

Decided January 15, 1857PublishedCited by 7 opinions

This was a suit in chancery by Jonas Walraven, in the Circuit Court of Jefferson, against William E. Eock, Isler and wife, (judgment creditors of Walraven,) and the heirs of the sheriff of Jefferson ; seeking to establish a trust in favor of the plaintiff, on certain lands, held in the name of Lock, by an absolute deed. At the hearing in July, 1845, the court dismissed the bill, and from this decree Walraven appealed to this comet.

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This was a suit in chancery by Jonas Walraven, in the Circuit Court of Jefferson, against William E. Eock, Isler and wife, (judgment creditors of Walraven,) and the heirs of the sheriff of Jefferson ; seeking to establish a trust in favor of the plaintiff, on certain lands, held in the name of Lock, by an absolute deed. At the hearing in July, 1845, the court dismissed the bill, and from this decree Walraven appealed to this comet. The facts of the case are sufficiently stated in the opinions of the judges here.

1Opinion of the CourtHash, J.

The plaintiff, Jonas Walraven, exhibited his bill in the court below against the defendants Lock and Abraham Isler, charging, that being the owner of a tract of land in Jefferson county, containing 305 acres, which was subject to a mortgage for about $1,500, and to a further incumbrance by a deed of trust, to secure the payment to the defendant Lock of the sum of about $430, with interest; and the land having *839been decreed to be sold to satisfy the amount due upon *the mortgage, and the day of sale advertised, he applied to the defendant Lock to befriend him; when it was agreed between them,…

2Cases cited2 opinions

  1. Paxton v. DaniellWashington Supreme Court · 1890
  2. Nelson v. Territory of WashingtonWashington Supreme Court · 1890

3Cited by7 opinions

  1. Currence v. WardWest Virginia Supreme Court · 1897
  2. Troll v. CarterWest Virginia Supreme Court · 1879
  3. Cassady v. CassadyWest Virginia Supreme Court · 1914
  4. Potts v. FitchWest Virginia Supreme Court · 1899
  5. Lee v. TapscottCourt of Appeals of Virginia · 1796

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