Legal Opinion

Effinger v. Kenney

Supreme Court of Virginia

Decided November 20, 1884PublishedCited by 6 opinions

Appeal (argued at Staunton but decided at Richmond) from certain decrees of circuit court of Rockingham county, rendered 29th October, 1881, and 3d March, 1882, in a chancery cause, wherein James Kenney, trustee, for Allen O. Bryan, was complainant, and J. P. Effinger was defendant.

Read the full summary

Appeal (argued at Staunton but decided at Richmond) from certain decrees of circuit court of Rockingham county, rendered 29th October, 1881, and 3d March, 1882, in a chancery cause, wherein James Kenney, trustee, for Allen O. Bryan, was complainant, and J. P. Effinger was defendant. This is a sequel to cause of Effinger v. Kenney, Trustee, 24 Gratt. 116. After the decree of sale made therein in November, 1878, was affirmed by this court in October, 1881, the land, the sale of which had'been directed by that decree, was sold, and the sale was reported. Effinger excepted to its confirmation, on…

1Opinion of the Court

Lewis, P.,

delivered the opinion of the court:

This was a suit to enforce a vendor’s lien on certain, real estate in the town of Harrisonburg. A decree of sale was entered at the November term, 1878, which, on appeal by the defendant to this court, was affirmed. After the case went back to the circuit court a sale was made, which, by the decree now complained of, was confirmed. No account of liens was ordered or taken in the cause, and the main question is, whether in the absence of such an account the circuit court erred in overruling the defendant’s exceptions and in confirming the sale.

It is…

2Cases cited5 opinions

  1. Horton v. BondSupreme Court of Virginia · 1877
  2. Berlin v. MelhornSupreme Court of Virginia · 1881
  3. Blackwell's Adm'r v. BraggSupreme Court of Virginia · 1884
  4. New York Life Insurance v. ClemmittSupreme Court of Virginia · 1883
  5. Burton v. Brown's ex'orsSupreme Court of Virginia · 1872

3Cited by6 opinions

  1. Evans v. SpurginSupreme Court of Virginia · 1854
  2. Rosenbaum's Ex'ors v. SeddonSupreme Court of Virginia · 1897
  3. Krise v. RyanSupreme Court of Virginia · 1894
  4. Walker's Ex'or v. PageSupreme Court of Virginia · 1872
  5. Walker's Ex'or v. PageSupreme Court of Virginia · 1872

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API