Legal Opinion

Floyd v. Harding

Supreme Court of Virginia

Decided March 15, 1877PublishedCited by 36 opinions

This was a bill filed in the circuit court of Bedford county, by John B. Harding, to subject a certain tract of land in the possession of N. B. Floyd, as trustee of his wife Ellen S. Floyd, to a judgment which had been recovered by Green B. Board against J. M. W. Eeftwich, the plaintiff, and two f others, on a negotiable note, in which said j Eeftwich was maker, and the plaintiff and the others were endorsers; and which the plaintiff had satisfied.

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This was a bill filed in the circuit court of Bedford county, by John B. Harding, to subject a certain tract of land in the possession of N. B. Floyd, as trustee of his wife Ellen S. Floyd, to a judgment which had been recovered by Green B. Board against J. M. W. Eeftwich, the plaintiff, and two f others, on a negotiable note, in which said j Eeftwich was maker, and the plaintiff and the others were endorsers; and which the plaintiff had satisfied. This judgment was recovered *on the 30th March 1866, and was docketed March 16th. 1867. Eloyd answered the bill. And it was proved that as early…

1Opinion of the CourtStaples, J.

There is no controversy in this case in regard to the facts. They are few and simple, and may be briefly stated. In the year 1856 James W. Leftwich sold to Lewis H. Turnbull a tract of land in Bed-ford county. The contract was not reduced to- *writing; but Turnbull was placed in immediate possession, and the whole of the purchase money was paid by him. In January 1867 Leftwich executed to Turnbull a deed of release for the land, with warranty of title. Turnbull shortly afterwards sold and conveyed to Howard, and Howard subsequently in 1868, conveyed to Floyd the appellant. In 1866 a judgment…

2Cases cited7 opinions

  1. Wright v. PucketSupreme Court of Virginia · 1872
  2. Smith's Ex'x v. Profitt's Adm'rSupreme Court of Virginia · 1887
  3. Cowardin v. AndersonSupreme Court of Virginia · 1883
  4. Shipe, Cloud & Co. v. RepassSupreme Court of Virginia · 1877
  5. Coldiron v. Asheville Shoe Co.Supreme Court of Virginia · 1896

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3Cited by36 opinions

  1. Barnes v. American Fertilizer Co.Court of Appeals of Virginia · 1925
  2. Snyder v. MartinWest Virginia Supreme Court · 1880
  3. Borst v. NalleSupreme Court of Virginia · 1877
  4. Fulkerson's Adm'x. v. TaylorSupreme Court of Virginia · 1904
  5. Cowardin v. AndersonSupreme Court of Virginia · 1883

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