Legal Opinion

Linn v. Carson's adm'r

Supreme Court of Virginia

Decided September 18, 1879PublishedCited by 3 opinions

In September, 1870, Joseph S. Carson instituted a suit in equity in the circuit court of Frederick county against John Linn and others, trustees of the Methodist Episcopal church of Winchester, Silas Billings, Robert Barr and others.

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In September, 1870, Joseph S. Carson instituted a suit in equity in the circuit court of Frederick county against John Linn and others, trustees of the Methodist Episcopal church of Winchester, Silas Billings, Robert Barr and others. In his bill he stated that the Methodist Episcopal church of Winchester owned in 1858 a large building and lot, it being then the place of worship of the congregation at that time, and that they sold the same, on the 1st of January, 1859, to Sidney P. York and George La Monte, taking from them, as evidence of a part of the unpaid purchase money, a bond for…

1Opinion of the CourtAnderson, J.

The objects of this suit were, first, to sell the sexton’s house and lot to reimburse Carson for the purchase money thereof, which he had paid; second, to assert Carson’s right to the application of the old church fund to the satisfaction of liabilities which he had incurred to raise money for the erection of the new church, and to effect the sale of said property to reimburse him for his advancements on ihe cost of its erection, and to relieve him from liabilities therefor, which the old church fund was inadequate to. The amount of his advances, and liabilities, is ascertained by the report…

2Cited by3 opinions

  1. Clark v. OliverSupreme Court of Virginia · 1895
  2. Bushong v. TaylorSupreme Court of Missouri · 1884
  3. Archer v. WardSupreme Court of Virginia · 1853

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