Gayle v. Wilson
Supreme Court of Virginia
This was a bill of interpleader in the circuit court of Norfolk county, brought in 1873 by Mary Ann L,. Sharp, executrix of William W. Sharp, deceased, against Holt Wilson, trustee, the Portsmouth Orphan Asylum, Elizabeth S. Beaton, administratrix of David E. Beaton, deceased, John H. Gayle and others, to settle the rights of said Orphan Asylum, Beaton’s administratrix and Gayle, in a fund in her hands as administratrix of her husband, which was the balance of the purchase…
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This was a bill of interpleader in the circuit court of Norfolk county, brought in 1873 by Mary Ann L,. Sharp, executrix of William W. Sharp, deceased, against Holt Wilson, trustee, the Portsmouth Orphan Asylum, Elizabeth S. Beaton, administratrix of David E. Beaton, deceased, John H. Gayle and others, to settle the rights of said Orphan Asylum, Beaton’s administratrix and Gayle, in a fund in her hands as administratrix of her husband, which was the balance of the purchase money of land which he had sold as the trustee in two deeds executed by N. H. Edwards to secure debts due to James…
1Opinion of the CourtStaples, J.
The appellant claims under John C. Edwards, who purchased from his brother. Nathaniel Edwards, in the year 1860. At the time of this purchase the land was subject to four deeds of trust: the first and second of which were for the benefit of Dr. Tames Cornick. the third for the benefit of the Portsmouth Orphan Asylum, and the fourth for the benefit of Beaton’s estate. John C. Edwards, after his purchase, paid a part of the debts secured by the Cornick deeds, and the appellant, as his assignee, now claims to be substituted to the lien of those deeds, and thus to obtain priority over the debt…
2Cases cited2 opinions
- Daniel v. LeitchSupreme Court of Virginia · 1856
- Vanderkemp v. SheltonNew York Court of Chancery · 1844
3Cited by3 opinions
- Howard v. . RobbinsNew York Court of Appeals · 1902
- James v. UptonSupreme Court of Virginia · 1898
- Land v. ShippSupreme Court of Virginia · 1902