Cocke v. Minor
Supreme Court of Virginia
In March 1869 Charles R. Cocke instituted his suit in equity in the Circuit court of Washing-ton county, against William S. Minor, trustee of his wife Rucy M. Minor and their children, C. Derrick and R. Tí.
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In March 1869 Charles R. Cocke instituted his suit in equity in the Circuit court of Washing-ton county, against William S. Minor, trustee of his wife Rucy M. Minor and their children, C. Derrick and R. Tí. Rancaster; and in his bill he set out that William A. Minor had, on the 12th of February 1851, conveyed to William S. Minor certain bonds, choses in action, a negro woman, a horse, and $1,100 in money, for the support of said Rucy M. Minor during her life, and for the support and maintenance of their children ; and authorized him to collect the said debts, and to invest the proceeds, as…
1Opinion of the CourtBourdin, J.
This is a case in which there was an effort in the court below, by a party claiming to be a judgment creditor of a trustee or trust fund, to charge his debt on the trust fund in the hands of the trustee, and of an assignee of the fund with notice of the trust. The case was heard on the bill, answers and exhibits, without replication to the answers, and without examination of witnesses; and the main question before us isj “What was the effect of the answers?”
There can, I think, be no doubt about the general rule under such circumstances. The allegations of fact, and denials of the answer…
2Cited by15 opinions
- Simpson v. EdmistonWest Virginia Supreme Court · 1884
- Mills v. Mills' ex'orsSupreme Court of Virginia · 1877
- Fleshman's Adm'r v. FleshmanWest Virginia Supreme Court · 1890
- Utterback's adm'r v. CooperSupreme Court of Virginia · 1877
- Patteson v. Bondurant's Ex'orsSupreme Court of Virginia · 1878
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