Tabb v. Tabb
Supreme Court of Virginia
Appeal from decree of circuit court of Gloucester county, rendered May 21, 1884, in a chancery cause, wherein Philip Tabb (the appellant), was plaintiff, and John Prosser Tabb, W. T. Robins, substituted trustee, and the Episcopal Theological Seminary and High School of Virginia, were defendants. This appeal is a sequel to the case of Hughes v. Tabb, 78 Va. 310, where the principal facts are narrated.
Read the full summary
Appeal from decree of circuit court of Gloucester county, rendered May 21, 1884, in a chancery cause, wherein Philip Tabb (the appellant), was plaintiff, and John Prosser Tabb, W. T. Robins, substituted trustee, and the Episcopal Theological Seminary and High School of Virginia, were defendants. This appeal is a sequel to the case of Hughes v. Tabb, 78 Va. 310, where the principal facts are narrated. By deed dated July 30, 1870, James M. Talbott and wife conveyed to John Prosser Tább, a tract of land situate in said county, and known as “Ditchley.” On it the latter and his wife made a trust…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
That the appellee, the Protestant Episcopal Theological Seminary and High School is a bona fide purchaser for value, and without notice of any adverse claim on the part of the appellant, there can be no doubt. It is so averred in the answers, and there is no proof to the contrary. It’s right, therefore, to subject the land known as “Ditchley” to the payment of its *50debt secured thereon, in preference to the claim of the appellant, if any he has, is unquestionable., Shurtz v. Johnson, 28 Gratt. 657; Freeman v. Eacho, 79 Va. 43; Hord’s Adm’r. v.…
2Cases cited4 opinions
- Hord's adm'r v. ColbertSupreme Court of Virginia · 1877
- Shurtz v. JohnsonSupreme Court of Virginia · 1877
- Freeman v. EachoSupreme Court of Virginia · 1884
- Hughes v. TabbSupreme Court of Virginia · 1884
3Cited by3 opinions
- Carrington v. Didier, Norvell & Co.Supreme Court of Virginia · 1851
- Carrington v. Didier, Norvell & Co.Supreme Court of Virginia · 1851
- Carrington v. Didier, Norvell & Co.Supreme Court of Virginia · 1851