Diggs' Adm'r v. Brown
Supreme Court of Virginia
Appeal from decree o£ circuit court of Mathews county in two suits in chancery, one under style of Andrew Diggs’ administrator and others v. Henry Bell, &c., the other under style of B. Whiteley, Trustee v. Henry Bell, &c., by which decree the bill of the plaintiffs was dismissed as to Charles Brown, one of the defendants.
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Appeal from decree o£ circuit court of Mathews county in two suits in chancery, one under style of Andrew Diggs’ administrator and others v. Henry Bell, &c., the other under style of B. Whiteley, Trustee v. Henry Bell, &c., by which decree the bill of the plaintiffs was dismissed as to Charles Brown, one of the defendants. The effect of this dismission was to exonerate a moiety of certain real estate held by said Brown from the lien of certain judgments against the defendant, Henry Bell, which judgments the plaintiffs claimed were liens on said moiety. The appellants are judgment creditors of…
1Opinion of the Court
Lewis, P.,
after stating the case, delivered the opinion of the court. •
In equity real estate purchased with partnership funds for partnership purposes is treated as personalty, and not as realty, and is held liable to the satisfaction of the debts of the co-partnership, including debts due to any one or more members of the firm, in preference to the individual debts of the partners. And it matters not in whose name the property may stand, as the owner of the legal title; the party in whose name it stands being treated as a trustee of the partnership, and accountable accordingly. Pierce's…
2Cited by4 opinions
- Savings & Loan Corp. v. BearSupreme Court of Virginia · 1930
- Klingstein v. Rockingham National BankSupreme Court of Virginia · 1935
- Darrow v. CalkinsAppellate Division of the Supreme Court of the State of New York · 1896
- Griffin v. JonesFairfax County Circuit Court · 1999