M'Mahon v. Fawcett
Supreme Court of Virginia
Tliis was an appeal from an interlocutory decree oí the Superior Court oí Chancery oí Staunton. The bill was exhibited by M’Mahon, Crummey, Rutherford, Effinger, Marlz, Bird, and I. Peale, administrator of B. Peale, deceased, setting forth, that they, together with G. W. Harrison, R. Harrison, Sites, Shipman, Smith, Gambill, Faw-cett, Fletcher, Waterman, Pence, and Reader, were the official sureties of Daniel *Ragan, deputy of Walter Davis, Sheriff of Rockingham; that the…
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Tliis was an appeal from an interlocutory decree oí the Superior Court oí Chancery oí Staunton. The bill was exhibited by M’Mahon, Crummey, Rutherford, Effinger, Marlz, Bird, and I. Peale, administrator of B. Peale, deceased, setting forth, that they, together with G. W. Harrison, R. Harrison, Sites, Shipman, Smith, Gambill, Faw-cett, Fletcher, Waterman, Pence, and Reader, were the official sureties of Daniel *Ragan, deputy of Walter Davis, Sheriff of Rockingham; that the sureties had sustained heavy losses, and were likely to suffer more; and that Ragan had executed a deed of trust of 900…
1Opinion of the Court
JUDGE CARR,
delivered his opinion, in which the other Judges concurred.*
This is au appeal from an interlocutory decree of the Staunton Chancellor. The suit was brought by seven out of seventeen of the sureties of D. Ragan, as deputy Sheriff of Rockingham, against Fawcett and others, the sureties of the same Ragan, in his private capacity. It is a scramble between these two classes of sureties for the wreck of an insolvent’s estate. In canvassing the correctness of the Chancellor’s decree, it may be best to treat the subject in the order he has pursued.
1st Question. Does the trust deed to…
2Cases cited2 opinions
- West v. BelchesSupreme Court of Virginia · 1816
- Lewis v. LewisNew York Court of Chancery · 1818
3Cited by11 opinions
- Cuyler v. EnsworthNew York Court of Chancery · 1836
- Seibert v. ThompsonSupreme Court of Kansas · 1871
- Boughner v. HallWest Virginia Supreme Court · 1884
- Eppes v. RandolphCourt of Appeals of Virginia · 1799
- Murray v. CatlettSupreme Court of Iowa · 1853
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