Legal Opinion

Page v. Page

Supreme Court of Virginia

Decided January 19, 1922PublishedCited by 10 opinions

Appeal from a decree of the Chancery Court of the city of Richmond. Decree for complainant. Defendant appeals. Colona S. Nuckolls aiid husband, by deed of date May 1, 1912, acknowledged on May 2, 1912, and recorded on May 3, 1912, conveyed to Luther T. Page (the appellee) and Mary A. Page, his wife (the appellant), a certain house and lot in the city of Richmond, in consideration of the sum of $2,619.00 purchase money, the entire amount of which was furnished by the…

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Appeal from a decree of the Chancery Court of the city of Richmond. Decree for complainant. Defendant appeals. Colona S. Nuckolls aiid husband, by deed of date May 1, 1912, acknowledged on May 2, 1912, and recorded on May 3, 1912, conveyed to Luther T. Page (the appellee) and Mary A. Page, his wife (the appellant), a certain house and lot in the city of Richmond, in consideration of the sum of $2,619.00 purchase money, the entire amount of which was furnished by the appellee. In January, 1916, the appellee filed his bill in the Chancery Court of the city of Richmond against the appellant,…

1Opinion of the Court

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court:

The controlling question presented for our decision on the appeal in this case is one of fact. The law on the subject is not in controversy.

The appellee seeks by parol evidence to correct an alleged mistake in a deed and to establish (a) a resulting trust, or (b) an express trust, in his favor, on the ground that the ap*68pellee not only paid the whole purchase money, but intended and directed the conveyance to be made to himself alone. The law on these subjects is well settled and is admittedly correctly…

2Cases cited4 opinions

  1. Deck v. TablerWest Virginia Supreme Court · 1895
  2. Taylor v. DelaneySupreme Court of Virginia · 1915
  3. Irvine v. GreeverSupreme Court of Virginia · 1879
  4. Easley v. BarksdaleSupreme Court of Virginia · 1881

3Cited by10 opinions

  1. Kellow v. BumgardnerSupreme Court of Virginia · 1954
  2. Elfriede Eitel v. W. Horace SchmidlappCourt of Appeals for the Fourth Circuit · 1972
  3. Brame v. ReadSupreme Court of Virginia · 1923
  4. Kosters v. HooverCourt of Appeals for the D.C. Circuit · 1938
  5. Eaton v. DavisSupreme Court of Virginia · 1935

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