Crews v. Pendleton & Mountcastle
Supreme Court of Virginia
William Long, by deed dated September 18. 183 9, and duly recorded in the county court of Amherst, mortgaged to Thomas Crews, and William, Betsey and Nancy Brydie, two tracts of land in Amherst, about forty slaves, sundry household furniture, and stocks of horses, cattle, sheep and hogs, to secure payment of a debt of 8,320 dollars due by him to Crews, and a debt of 10,081 dollars which he owed to the Brydies.
Read the full summary
William Long, by deed dated September 18. 183 9, and duly recorded in the county court of Amherst, mortgaged to Thomas Crews, and William, Betsey and Nancy Brydie, two tracts of land in Amherst, about forty slaves, sundry household furniture, and stocks of horses, cattle, sheep and hogs, to secure payment of a debt of 8,320 dollars due by him to Crews, and a debt of 10,081 dollars which he owed to the Brydies. The deed appointed the 20th day of the same month for the payment of the first debt, and the 25th for the payment of the last; and provided,, that the mortgagor should hold and enjoy…
1Opinion of the CourtCarr, J.
The order of dissolution does not state the ground on which the chancellor proceeded : it must have been, either, 1. that he had no jurisdiction; or 2. that there was fraud; or 3. that the purchase of Crews gave him no right to the growing crops.
Upon the ground of fraud, I can hardly suppose the chancellor acted. His decree in the first suit (acquiesced in by all, and to which the appellee Pendleton is stated to have been a party) had pronounced the mortgage fair, decreed their debts to the mortgagees, and ordered a sale. If the allegations in the answer of the use by Long of the crops, of…
2Cited by20 opinions
- Childers v. LoudinWest Virginia Supreme Court · 1902
- Terry v. Coles' Ex'orSupreme Court of Virginia · 1885
- Salmon v. FewellMissouri Court of Appeals · 1885
- Childs v. HurdWest Virginia Supreme Court · 1885
- Kerr v. HillWest Virginia Supreme Court · 1886
15 more not listed; retrieve them via the Exa API.