Legal Opinion

Cardwell v. Allen

Supreme Court of Virginia

Decided March 15, 1877PublishedCited by 3 opinions

Wiltshire Cardwell filed his bill in the circuit court of Prince Edward county, and obtained an injunction to prohibit Edgar Allan, the trustee in a deed of trust executed by Cardwell and wife, from selling certain real estate conveyed in said deed to secure two negotiable notes held by the English and American Bank atEarmville, Ya. The penalty of the injunction bond was five hundred dollars.

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Wiltshire Cardwell filed his bill in the circuit court of Prince Edward county, and obtained an injunction to prohibit Edgar Allan, the trustee in a deed of trust executed by Cardwell and wife, from selling certain real estate conveyed in said deed to secure two negotiable notes held by the English and American Bank atEarmville, Ya. The penalty of the injunction bond was five hundred dollars. Upon the hearing of the case the injunction was dissolved, and the bill dismissed with costs. Cardwell then obtained from a judge of this court an appeal from, and supersedeas to, the decree of the…

1Opinion of the Court

Moncure, P.,

delivered the opinion of the court.

This is a motion to require the appellant to give bond with security in a larger penalty than two hundred dollars, the penalty of the appeal bond required to be given by the judge who granted the appeal in this case. The appeal is from a decree dissolving an injunction to a sale of land under a deed of trust, and dismissing the bill. The appellant is in possession of the land, enjoying the issues and profits thereof, pending the appeal. The appellees contend that the land is not of sufficient value to satisfy the debt for which it is bound to…

2Cited by3 opinions

  1. Beard v. ArbuckleWest Virginia Supreme Court · 1881
  2. Perry v. HornWest Virginia Supreme Court · 1883
  3. State Ex Rel. Shenandoah Valley National Bank v. HiettWest Virginia Supreme Court · 1945

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