Hurst & Co. v. Leckie
Supreme Court of Virginia
Appeal from a decree of the Corporation Court of the city of Buena Vista, pronounced December 12, 1898, in a suit- in chancery, -wherein appellants and other were the complainants, and the appellees were the defendants.
1Opinion of the CourtRiely, J.
The deed of trust from G-. W. Leckie to Hugh A. White, trustee, which is the subject of this controversy, is assailed as fraudulent per se, upon the ground that certain of its provisions are incompatible with the avowed purposes of the deed, and are adequate to defeat it as a security for the payment of the debts of the grantor. The clauses of the deed, which are alleged to contain the illegal provisions, are the following:
“ The said Hugh A. White, trustee, shall immediately take possession and control of all the property, real and personal and mixed, hereinbefore described, and proceed to…
2Cases cited18 opinions
- Carpenter v. DexterSupreme Court of the United States · 1869
- Wickham & Goshorn v. Lewis Martin & Co.Supreme Court of Virginia · 1856
- Kelly v. CalhounSupreme Court of the United States · 1878
- Summer v. MitchellSupreme Court of Florida · 1892
- Bank of U. S. v. BeirneSupreme Court of Virginia · 1844
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3Cited by9 opinions
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- Allen & Co. v. MaxwellWest Virginia Supreme Court · 1904
- Sullivan v. GumSupreme Court of Virginia · 1906
- Tyler v. Ownit Mortgage Loan Trust, Series 2006-3 (In Re Carrillo)United States Bankruptcy Court, E.D. Virginia · 2010
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