Legal Opinion

Mercantile Co-Operative Bank v. Brown

Supreme Court of Virginia

Decided January 12, 1899PublishedCited by 2 opinions

Appeal from a decree of the Circuit Court of Page county pronounced May 6, 1898, in a suit in chancery wherein the appellant, suing on behalf of itself and of all other lien creditors of J. -P. Brown was the complainant, and the appellees were the defendants. The original bill was a simple lien creditor’s bill.

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Appeal from a decree of the Circuit Court of Page county pronounced May 6, 1898, in a suit in chancery wherein the appellant, suing on behalf of itself and of all other lien creditors of J. -P. Brown was the complainant, and the appellees were the defendants. The original bill was a simple lien creditor’s bill. After it was filed, however, the complainant discovered that the deed of trust under which it claimed had been duly admitted to record on March 18, 1891, but that E. S. Parks, who had examined the title to the property for the complainant, prepared the deed and delivered it to the…

1Opinion of the CourtRiely, J.

The appellee, J. P. Brown, applied to the Mercantile Cooperative Bank, of the city of New York, for theloan of $1,000, which he offered to secure by deed ot trust on a certain lot in the town of Shenandoah, Page county, Ya. This the bank agreed to do, if the security offered was sufficient, and the title to it good. It employed Mr. R. S. Parks, an attorney, to ex*619amine the title and furnish an abstract thereof. The security and the title to it proving satisfactory, the bank sent a check for the loan to its attorney, payable to J. P. Brown, but to be held by the attorney until the deed of trust…

2Cases cited2 opinions

  1. Henshaw v. BissellSupreme Court of the United States · 1874
  2. Hughes v. HarveySupreme Court of Virginia · 1881

3Cited by2 opinions

  1. Contee Sand & Gravel Co. v. Reliance InsuranceSupreme Court of Virginia · 1969
  2. Hyatt v. ZionSupreme Court of Virginia · 1904

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