Legal Opinion

Biggs v. Elliston Development Co.

Supreme Court of Virginia

Decided July 16, 1896PublishedCited by 1 opinion

Appeal from a decree of the Circuit Court of Montgomery county, pronounced December 6,1894, in a suit in chancery wherein appellant was the complainant, and the appellees- and others were the defendants.

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Appeal from a decree of the Circuit Court of Montgomery county, pronounced December 6,1894, in a suit in chancery wherein appellant was the complainant, and the appellees- and others were the defendants. The bill in this cause was filed by “ Walter J. Biggs, who sues for the benefit of Annie S. Biggs, assignee” against the Elliston Development Company and a large number of persons, alienees of said company of parcels of a tract of ■about four hundred and fifty acres of land, which had been conveyed to the company by Biggs and wife, by deed in which a lien was reserved for the balance of the…

1Opinion of the Court

Keith, P.,

delivered the opinion of the court.

W. J. Biggs sold 450 acres of land to the Elliston Development Company, reserving a vendor’s lien to secure the deferred payments thereon. The Development Company subdivided this land into lots, streets, and alleys, and sold a number of the lots to purchasers, some of whom paid in full, and some only in part. The defendant company having failed to meet the deferred payments as they fell due, Biggs, who sues for his wife, Annie S. Biggs, to whom the debt had been assigned, filed a bill in the Circuit Court of Montgomery county to enforce the…

2Cited by1 opinion

  1. Newport News & Old Point Railway & Electric Co. v. LakeSupreme Court of Virginia · 1903

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