Elk Milling & Produce Co. v. Lewis
West Virginia Supreme Court
Appeal from Circuit Court, Kanawha County. Action by the Elk Milling & Produce Company and others against C. C. Lewis, Jr., as trustee, and others. From decree for the named defendant, plaintiffs appeal.
1Opinion of the Court
Lynch, Judge:
By a deed dated December 23, 1910, Hannah C. Keeney and husband conveyed to C. C. Lewis, Jr., the real estate owned by her, in trust for the payment of her indebtedness. Parcels of the lands then were encumbered by prior liens. The trustee sold some of the tracts. Others remain unsold. The money received from sales made under authority of the deed he had not distributed to the general creditors secured when this suit was brought, except that part thereof required to discharge specific prior liens. These he paid out of the proceeds derived from the sale of each tract encumbered.…
2Cases cited2 opinions
- Darby & Co. v. GilliganWest Virginia Supreme Court · 1892
- Van Winkle v. BlackfordWest Virginia Supreme Court · 1904
3Cited by1 opinion
- Auto Mutual Indemnity Co. v. CampbellCourt of Appeals of Georgia · 1937