Daniel v. Leitch
Supreme Court of Virginia
In the year 1823 the late Judge William Daniel borrowed of the president, masters and professors of William and Mary College the sum of five thousand dollars, for which he executed to them his bond with sureties payable on demand, with interest to be paid semiannually until the principal was demanded, and he at the same time executed a deed by which he conveyed to Edmund Christian, the bursar of the college, a tract of land called Broomfield, of some fifteen hundred acres,…
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In the year 1823 the late Judge William Daniel borrowed of the president, masters and professors of William and Mary College the sum of five thousand dollars, for which he executed to them his bond with sureties payable on demand, with interest to be paid semiannually until the principal was demanded, and he at the same time executed a deed by which he conveyed to Edmund Christian, the bursar of the college, a tract of land called Broomfield, of some fifteen hundred acres, lying on both sides of Willis’ creek in the county of Cumberland, in trust to secure the same; in which it was provided…
1Opinion of the CourtMoncure, J.
The tract of land called Broomfield, and not the personal estate of John Daniel, was the primary fund for the payment of the debt of five thousand dollars due to the president and masters or professors of William and Mary college, and secured by deed of trust on the land. When land is sold subject to a mortgage as part of the consideration money, the grantee, as between himself and the grantor, is bound to pay, and is liable to an action on the part of the grantor for breach of contract in not paying the *207debt; but the grantee does not become personally liable to the mortgagee without some…
2Cases cited4 opinions
- Young's Adm'r v. McClungSupreme Court of Virginia · 1852
- Garland v. LovingSupreme Court of Virginia · 1823
- Heth v. Cocke & WifeSupreme Court of Virginia · 1823
- Hughes v. JohnstonSupreme Court of Virginia · 1855
3Cited by51 opinions
- Watson v. HoySupreme Court of Virginia · 1877
- Berlin v. MelhornSupreme Court of Virginia · 1881
- Jones v. TatumSupreme Court of Virginia · 1870
- Osborne v. CabellSupreme Court of Virginia · 1883
- Fleming v. HoltWest Virginia Supreme Court · 1877
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