Cunningham v. Millner
Supreme Court of Virginia
Appeal from decree of circuit court of Amherst county, rendered 18th October, 1884, in the suit of John R. Cunningham, plaintiff, against James M. Millner, James M. Richeson, and Charles R. Rucker, trustees, and Samuel Richeson and James M. Dillard, defendants. The object of the suit was to enjoin sale of land under trust deed, and to get compensation for the ■deficiency. At the hearing the injunction was dissolved, and the bill dismissed. The plaintiff appealed.
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The bill was filed to obtain an injunction to prevent the sale -of a certain tract of land to enforce a deed of trust thereon. 'The land was purchased in May, 1869, of the appellee, Rich*527eson, by one Janies M. Dillard. The deed from Richeson to Dillard bears date November 20, 1869. It conveys “a certain tract of land in Amherst county, supposed to contain six hundred and fifty acres, more or less (the said tract of land being sold in gross and not by the acre), excepting one acre, containing the family burying-ground,” etc.
On the same day, Dillard…
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