Clarke v. Curtis
Supreme Court of Virginia
This is the sequel of the case of Clarke v. Curtis, reported in 11 Leigh 559. After the cause went back to the court below, the appellee filed a supplemental bill, in which, after referring to the previous proceedings in the cause, it is stated that the defendant Clarke, being left in possession of the property purchased by him from the appellee, rented the farm to Sylvester C. Slaughter of the county of Gloucester, for the year 1839, for the price of-dollars, of which there…
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This is the sequel of the case of Clarke v. Curtis, reported in 11 Leigh 559. After the cause went back to the court below, the appellee filed a supplemental bill, in which, after referring to the previous proceedings in the cause, it is stated that the defendant Clarke, being left in possession of the property purchased by him from the appellee, rented the farm to Sylvester C. Slaughter of the county of Gloucester, for the year 1839, for the price of-dollars, of which there was yet due 120 dollars; for the year 1840 at the price of 350 dollars, for which a warrant of distress had been taken…
1Opinion of the CourtAllen, J.
The court is of opinion, that although it is competent for a court of equity, in a proper case, to sequestrate the rents and profits of mortgaged or incumbered property, where a forfeiture has accrued, and such rents and profits may be necessary to discharge the incumbrances, it is not competent to recover from the mortgagor, or equitable owner in possession, the rents and profits actually received by him, or which accrued before any order of sequestration was made. The court is, therefore, of opinion, that it was improper to injoin the appellant from collecting the rents which had previously…
2Cited by8 opinions
- Bristow v. Home Building Co.Supreme Court of Virginia · 1895
- Clarksburg Casket Co. v. Valleu Undertaking Co.West Virginia Supreme Court · 1917
- Childs v. HurdWest Virginia Supreme Court · 1889
- Wathen ex rel. Goodrum v. GlassMississippi Supreme Court · 1877
- Bank of Washington v. HuppSupreme Court of Virginia · 1853
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