Chowning v. Cox
Supreme Court of Virginia
This was a suit brought in the Williamsburg chancery court, and afterwards removed to the Fredericksburg district. William Chowning, filed his bill against Peter P. Cox and Elizabeth Thompson, stating the following case: that on the 18th day of November, 1803, an agreement was made between the complainant, and the said Elizabeth Thompson, by which the latter agreed to sell and convey to the complainant, a tract of land in the county of W estmoreland, called Laurel Grove, in…
Read the full summary
This was a suit brought in the Williamsburg chancery court, and afterwards removed to the Fredericksburg district. William Chowning, filed his bill against Peter P. Cox and Elizabeth Thompson, stating the following case: that on the 18th day of November, 1803, an agreement was made between the complainant, and the said Elizabeth Thompson, by which the latter agreed to sell and convey to the complainant, a tract of land in the county of W estmoreland, called Laurel Grove, in consideration that the complainant would pay certain debts due from the said Elizabeth Thompson, set forth in the…
1Opinion of the Court
February 13.
Judge Cabell,
delivered the opinion of the court.*
This case presents the general question, whether a deed executed by a debtor conveying land to his creditor, and purporting to constitute him the trustee for selling the land, and applying the proceeds of sale to the payment of the debt due to himself, can be regarded otherwise than as a mere mortgage, to which the right of redemption is incident: or, in other words, whether a creditor thus constituted a trustee, can, by the mere authority derived from the deed, and without resort to a court of equity, sell the lands so as to bar…
2Cited by12 opinions
- Gordon v. CannonSupreme Court of Virginia · 1868
- Lawrence v. . the Farmers' Loan and Trust Co.New York Court of Appeals · 1855
- Spencer v. LeeWest Virginia Supreme Court · 1881
- Marvin v. TitsworthWisconsin Supreme Court · 1860
- Bancroft v. AshhurstSupreme Court of Pennsylvania · 1860
7 more not listed; retrieve them via the Exa API.