Legal Opinion

Kirby v. Goodykoontz

Supreme Court of Virginia

Decided June 23, 1875PublishedCited by 8 opinions

This was a bill filed in the Circuit court of Floyd county, in August 1860, by Andrew J. Kirby, trustee in a deed from James B. Headen and wife to secure the payment of debts due from Headen, to have the direction of the court in the administration of the trust fund. In the progress of the cause all the debts seem to have been paid or settled, except a debt due to Lane & Tompkins, which was assigned by them to D. & J. Goodykoontz.

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This was a bill filed in the Circuit court of Floyd county, in August 1860, by Andrew J. Kirby, trustee in a deed from James B. Headen and wife to secure the payment of debts due from Headen, to have the direction of the court in the administration of the trust fund. In the progress of the cause all the debts seem to have been paid or settled, except a debt due to Lane & Tompkins, which was assigned by them to D. & J. Goodykoontz. This debt was secured on specific property mentioned in the deed, and on the balance of the proceeds of other property after paying the debts first charged thereon.…

1Opinion of the Court

Christian J.

delivered the opinion of the court.

This is an appeal from a decree of the Circuit court of Floyd county.

The main if not the only question, we have to consider, is, whether the said Circuit court erred in sustaining the exceptions taken by the appellees to the commissioner’s report, which in the settlement of the account of the appellant as trustee under the deed of Headen and wife allowed to said trustee a credit of $1,000, which he claims was a part of the trust fund invested by order of the Circuit court in the bonds of the Confederate States.

*300The appellant Kirby, was trustee in…

2Cases cited2 opinions

  1. J. B. Campbell's ex'ors v. A. C. Campbell's ex'orSupreme Court of Virginia · 1872
  2. Crickard's ex'or v. Crickard's legateesSupreme Court of Virginia · 1874

3Cited by8 opinions

  1. Leake's Ex'or v. LeakeSupreme Court of Virginia · 1881
  2. Cole's committee v. Cole's adm'rSupreme Court of Virginia · 1877
  3. Hanna v. WilsonSupreme Court of Virginia · 1846
  4. Hanna v. WilsonSupreme Court of Virginia · 1846
  5. Fred v. DixonSupreme Court of Virginia · 1876

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