Parker v. Clarkson
West Virginia Supreme Court
In December, 1865, Milton Parker filed Ms bill in the circuit court of Kanawha county, against John N. Clarkson and others, to enforce the lien of sundry judgments obtained by him against said Clarkson before that time in the county and circuit courts of Kanawha county, against two tracts of land in the county aforesaid, conveyed to him on the 10th of April, 1855, of 295 and- 28 acres, respectively, by Samuel H. Early and wife, and Jubal A. Early, as trustee for Henri Ann…
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In December, 1865, Milton Parker filed Ms bill in the circuit court of Kanawha county, against John N. Clarkson and others, to enforce the lien of sundry judgments obtained by him against said Clarkson before that time in the county and circuit courts of Kanawha county, against two tracts of land in the county aforesaid, conveyed to him on the 10th of April, 1855, of 295 and- 28 acres, respectively, by Samuel H. Early and wife, and Jubal A. Early, as trustee for Henri Ann Early, wife of Samuel H. Early, in a marriage settlement between her and her husband. The bill further alleges that on the…
1Opinion of the CourtBerkshire, J.
In disposing of the questions arising in this case, I propose to consider them in the order in which they were made and argued by the counsel for the appellees. The first question discussed by them was the power and authority of the trustee and cestui qui trust, under the deed of marriage settlement, to make the sale to Clarkson. This objection was made here for the first time, and it was earnestly insisted that by the terms of this instrument, a sale is prohibited, unless for special purposes of reinvestment in the mode therein specified; that as it appeared that the rents and profits of the…
2Cited by2 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Kyles v. KyleWest Virginia Supreme Court · 1884