Grubbs v. Wysors
Supreme Court of Virginia
On the 5th of May, 1874, Frank S. Grubb sold to George W. Y/ysor, Jr., a tract of land for $3,199, payable jn three equal annual instalments. For the first instalment Wysor, Jr., executed a negotiable note, with his George W. Wysor, Sr., as surety, payable twelve months after date, and for the other two instalments exeJ cuted his own bonds, payable at two and three years; the title to the whole land was retained by the vendor to secure the purchase money.
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On the 5th of May, 1874, Frank S. Grubb sold to George W. Y/ysor, Jr., a tract of land for $3,199, payable jn three equal annual instalments. For the first instalment Wysor, Jr., executed a negotiable note, with his George W. Wysor, Sr., as surety, payable twelve months after date, and for the other two instalments exeJ cuted his own bonds, payable at two and three years; the title to the whole land was retained by the vendor to secure the purchase money. The note for the first payment was assigned by the payee, Grubb, before maturity, to E. McCormick, and by him endorsed to Hurst, Purnell &…
1Opinion of the CourtBurks, J.
That the negotiable note of June 1, 1874, was given for the first instalment of purchase money for the tract of land sold by the appellant, Grubb, to the appellee, George W. Wysor, Jr.—that the appellee, George W. Wysor, ■Sr., was surety for the latter on said note—that the note *129was assigned by Grubb, the payee, to McCormick, and by the latter endorsed to Hurst, Purnell & Co., and after protest at maturity for non-payment, was paid to the holder by the surety, are facts not questioned in this case.
The averments in Grubb’s answer to the bill, that the note was paid by the complainant, not as…
2Cases cited1 opinion
- McClintic v. Wise's adm'orsSupreme Court of Virginia · 1874
3Cited by9 opinions
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- Tingle Adm'r v. FisherWest Virginia Supreme Court · 1882
- Gregg v. SloanSupreme Court of Virginia · 1882
- Finnell v. Jas. H. Goodman & Co. BankCalifornia Supreme Court · 1909
- James v. BurbridgeWest Virginia Supreme Court · 1889
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