Legal Opinion

Griffin's ex'or v. Macaulay's adm'r

Supreme Court of Virginia

Decided May 11, 1851PublishedCited by 12 opinions

By deed bearing date the 15th of November 1797, Alexander Macaulay of the town of York, in order to secure the payment of the following debts, that is, in the first place, to secure the payment of £ 2000. to Dr. Corbin Griffin of the town of York; in the second place, to secure the payment of £ 5000. to John Jamieson of the county of Culpeper; and in the thii d place, to secure the payment of £ 3000. to Francis Jerdone of the county of Louisa, conveyed in trust to Thomas…

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By deed bearing date the 15th of November 1797, Alexander Macaulay of the town of York, in order to secure the payment of the following debts, that is, in the first place, to secure the payment of £ 2000. to Dr. Corbin Griffin of the town of York; in the second place, to secure the payment of £ 5000. to John Jamieson of the county of Culpeper; and in the thii d place, to secure the payment of £ 3000. to Francis Jerdone of the county of Louisa, conveyed in trust to Thomas Griffin and Thomas Nelson, a tract of land in the county of Warwick, lots in the town of York, tenements and lots in the…

1Opinion of the CourtAllen, J.

The Court is of opinion, that as it appears that Thomas Griffin was the acting trustee under the deed of trust executed by Alexander Macaulay, on the fifteenth day of November 1797, to Thomas Griffin and Thomas Nelson; that he received the proceeds arising from the trust fund, and disbursed the same so far as they have been accounted for; that although the said Thomas Nelson joined in the execution of the trust by uniting in the sales made necessary to accomplish the purposes of the trust, there is nothing to impute to him any fraud in any of the transactions connected there*579with ; and as it…

2Cited by12 opinions

  1. Keagy v. TroutSupreme Court of Virginia · 1888
  2. Feckheimer v. National Exchange BankSupreme Court of Virginia · 1884
  3. Conrad v. BuckWest Virginia Supreme Court · 1883
  4. Feamster v. WithrowWest Virginia Supreme Court · 1876
  5. Cann v. CannWest Virginia Supreme Court · 1894

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