Ruffners v. Putney
Supreme Court of Virginia
This was a bill by Henry and Lewis Ruffner to enjoin and restrain Richard E. Putney from conveying away or disposing of certain property devised to Putney or Putney and wife, by David Ruffner deceased; and to subject the same in the hands of said Putney, or in the hands of purchasers from him, upon the grounds of an equitable mortgage which the plaintiffs claimed under an agreement with David Ruffner.
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This was a bill by Henry and Lewis Ruffner to enjoin and restrain Richard E. Putney from conveying away or disposing of certain property devised to Putney or Putney and wife, by David Ruffner deceased; and to subject the same in the hands of said Putney, or in the hands of purchasers from him, upon the grounds of an equitable mortgage which the plaintiffs claimed under an agreement with David Ruffner. The injunction was granted; and Putney, and Shrewsbury a purchaser from him, Sled their answers; whereupon upon their motion the injunction was dissolved. The plaintiffs then applied to this…
1Opinion of the CourtSamuels, J.
The appeal in this case is taken from an order of the Circuit court of Kanawha county, dissolving an injunction on motion of the defendants below, the appellees here. In ascertaining the facts of the case, on such motion, the allegations of the bill are to be taken as true, unless denied by the answers or disproved by evidence in the record: Any affirmative allegations in the answers, if not sustained by proof, will be disregarded by the court. Looking to the facts to be ascertained by the rules above stated, the record shows this case:
David Ruffner by deed, on the 19th of October 1825…
2Cited by4 opinions
- Dulaney v. WillisSupreme Court of Virginia · 1898
- Fidelity Ins. Trust & Safe Deposit Co. v. Shenandoah Valley RailroadWest Virginia Supreme Court · 1890
- West v. BelchesSupreme Court of Virginia · 1816
- West v. BelchesSupreme Court of Virginia · 1816