Roanoke Street Railway Co. v. Hicks
Supreme Court of Virginia
Appeal from two decrees of the Circuit Court of the city of Roanoke, one pronounced February 16, 1898, in a suit in chancery wherein the appellees, R. R. Hicks, trustee, and M. M. Rogers, were the complainants, and the appellant and another were the defendants, and the other pronounced February 17, 1898, in an ancillary suit in chancery for the appointment of a receiver and the enforcement of liens, wherein the appellee, R. R. Hicks, trustee, was the complainant, and the…
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Appeal from two decrees of the Circuit Court of the city of Roanoke, one pronounced February 16, 1898, in a suit in chancery wherein the appellees, R. R. Hicks, trustee, and M. M. Rogers, were the complainants, and the appellant and another were the defendants, and the other pronounced February 17, 1898, in an ancillary suit in chancery for the appointment of a receiver and the enforcement of liens, wherein the appellee, R. R. Hicks, trustee, was the complainant, and the appellant and others were the defendants.
1Opinion of the CourtHarrison, J.
In the view taken of this case the only point that need be considered is raised by the demurrer, which calls in question the right of appellee to maintain his suit in a court of equity.
The material allegations of the bill are that the appellee Rogers, in the year 1889, sold and conveyed to the appellant a tract of land, for which he was to receive from appellant certain stock, and “ $40,000 worth ” of its first mortgage bonds, then secured upon the property of appellant; that he has never received these bonds, and that they have been cancelled and retired; that subsequently, on the 1st day of…
2Cited by14 opinions
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- Johnson v. MundySupreme Court of Virginia · 1918
- Hanna v. WilsonSupreme Court of Virginia · 1846
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