Legal Opinion

Charlottesville Hardware Co. v. Perkins

Supreme Court of Virginia

Decided November 11, 1915PublishedCited by 9 opinions

Appeal from a decree of the Circuit Court of Albemarle county in a suit in chancery brought by Perkins, trustee, asking the direction of the court as to the proper disposition of a fund in his hands as trustee.

1Opinion of the CourtKelly, J.

C. 1ST. Walker, being the owner of a tract of land upon which there was a deed of trust for $4,262.50, conveyed the same on August 22, 1912, to J. R. Elam by a deed, recorded September 28, 1912, containing the following recital:

“The consideration for this deed ($7,500.00), mentioned above, is provided for as follows: The said Elam pays in cash on delivery of this $537.50, the receipt of which said Walker hereby acknowledges. On the execution of this deed also he gives to said Walker his (Elam’s) three separate bonds each for $900.00 (aggregating $2,700.00) all dated this 22d day of August,…

2Cases cited13 opinions

  1. Stow v. TifftNew York Supreme Court · 1818
  2. Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
  3. Clark v. MunroeMassachusetts Supreme Judicial Court · 1817
  4. Flanary v. KaneSupreme Court of Virginia · 1904
  5. Jameson v. RixeySupreme Court of Virginia · 1897

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3Cited by9 opinions

  1. Atkinson v. NeblettSupreme Court of Virginia · 1926
  2. C. B. Van Nostrand & Co. v. Virginia Zinc & Chemical Corp.Supreme Court of Virginia · 1919
  3. Wiltshire v. WarburtonCourt of Appeals for the Fourth Circuit · 1932
  4. Wilson v. Moir (In Re Wilson)United States Bankruptcy Court, E.D. Virginia · 2006
  5. Securities Acceptance Corp. v. LewisSupreme Court of Iowa · 1941

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