Hildreth v. Turner
Supreme Court of Virginia
Appeal from two decrees of circuit court of Fauquier county, one of which was pronounced on the 16th day of December, 1890, and the other on the 20th day of April, 1891, in the chancery suit then pending in said court, wherein Edward O. Turner was plaintiff and James ET. Bethune and A. D. Payne, trustee, were defendants. On the 20th day of January, 1882, James TST.
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Appeal from two decrees of circuit court of Fauquier county, one of which was pronounced on the 16th day of December, 1890, and the other on the 20th day of April, 1891, in the chancery suit then pending in said court, wherein Edward O. Turner was plaintiff and James ET. Bethune and A. D. Payne, trustee, were defendants. On the 20th day of January, 1882, James TST. Bethune executed his bond to the said Edward C. Turner for the sum of §4,000, payable five years after date, with interest from date, payable annually, and on the same day, to secure the payment of said bond, conveyed in trust to…
1Opinion of the Court
Richardson, J.,
(after stating the case,) delivered the opinion of the court.
Before proceeding to consider the case on its merits, it is important to ascertain the relations of the appellants to this cause.
I. Is the appellant, Sarah D. Birch, in any substantial, legal sense, a party to this suit, and has she any locus standi in this court ? We think not. She was not an original party, and, if in any sense a party, she can only claim to have *864become such by her pretended attempt to become a purchaser, through her alleged agent, J. Homer Hildreth, on terms proposed by herself, and in disregard…
2Cases cited2 opinions
- Cralle v. CralleSupreme Court of Virginia · 1887
- Yost v. PosterSupreme Court of Virginia · 1885
3Cited by7 opinions
- Coal City House Furnishing Co. v. HogueCourt of Appeals for the Fourth Circuit · 1912
- French v. PhippsSupreme Court of Virginia · 1938
- Federal Land Bank v. ParksSupreme Court of Virginia · 1938
- Stewart v. SenterWest Virginia Supreme Court · 1921
- Walker's Ex'or v. PageSupreme Court of Virginia · 1872
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