Legal Opinion

Helsley v. Fultz

Supreme Court of Virginia

Decided September 22, 1822PublishedCited by 10 opinions

Appeal from decree of circuit court of Shenandoah in suit of Jonathan Fultz against Pliilip Helsley, curator and executor of Peter Craig, deceased, and E. M. Conn, trustee. The object of this suit was to compel a release of a trust deed made 20th March, 1856, by said Fultz to said Conn, trustee, .to secure a debt to said Craig, on the ground that the same had been paid in 1863 to the curator. The circuit court decreed in favor of Fultz, and Helsley and Conn appealed.

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Appeal from decree of circuit court of Shenandoah in suit of Jonathan Fultz against Pliilip Helsley, curator and executor of Peter Craig, deceased, and E. M. Conn, trustee. The object of this suit was to compel a release of a trust deed made 20th March, 1856, by said Fultz to said Conn, trustee, .to secure a debt to said Craig, on the ground that the same had been paid in 1863 to the curator. The circuit court decreed in favor of Fultz, and Helsley and Conn appealed. The opinion of the court fully states the facts of the case.

1Opinion of the CourtStaples, J.

The appellant qualified as the curator of Peter Craig in January, 1862. Among the assets which came to his hands was a debt due by Jonathan Fultz to the testator, secured by a deed of trust upon real estate, bearing date 20th of March, 1856. This debt, amounting on the 24th of July, 1863, to about $2,317, was on that day paid by the appellee, •Jonathan Fultz, to the appellant in Confederate money. A controversy having arisen between the parties with respect to the terms and conditions upon which the money was received, the trustee refused to execute a release of the trust deed.

In the year…

2Cases cited1 opinion

  1. Patteson v. Bondurant's Ex'orsSupreme Court of Virginia · 1878

3Cited by10 opinions

  1. Rock v. MathewsWest Virginia Supreme Court · 1891
  2. Wissler v. Craig's Adm'rSupreme Court of Virginia · 1885
  3. Smith & Wimsatt v. ChiltonSupreme Court of Virginia · 1888
  4. Thornburg v. BowenWest Virginia Supreme Court · 1893
  5. Chamberlaine v. Marsh's AdministratorSupreme Court of Virginia · 1819

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