Legal Opinion

Shurtz v. Johnson

Supreme Court of Virginia

Decided July 12, 1877PublishedCited by 36 opinions

This case was argued in Richmond and decided at Wytheville. It was a suit in equity to- set aside a sale of land under a deed of trust, and the conveyance to the purchaser from the trustee, and also a sale and conveyance by that purchaser to a purchaser from her. The case was heard upon the bill, the answers, and the exhibits; and the sales and conveyances were set aside and certain accounts ordered.

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This case was argued in Richmond and decided at Wytheville. It was a suit in equity to- set aside a sale of land under a deed of trust, and the conveyance to the purchaser from the trustee, and also a sale and conveyance by that purchaser to a purchaser from her. The case was heard upon the bill, the answers, and the exhibits; and the sales and conveyances were set aside and certain accounts ordered. And the trustee and the last purchaser applied to this court for an appeal; which was awarded. The case is sufficiently stated by Judge Burks in his opinion.

1Opinion of the CourtBurks, J.

This case presents the question as to the validity of a sale made by a trustee under a deed given to secure the payment of debts.

On the 17th of January, 1859, Samuel C. White by deed of that date conveyed his tract of land called “ Temple Farm,” lying in York county, Virginia, to W. S. Peachy, in trust to secure the payment of $8,000, with interest, to James P. Selby. By deed of the 81st of May, 1866, he conveyed the equity of redemption of this deed of trust to Nathaniel F. Williams, of Baltimore, to secure the payment to. Martha 35. Williams and Clara M. Hewson, of Baltimore, to each the…

2Cases cited3 opinions

  1. Fant v. MillerSupreme Court of Virginia · 1867
  2. Evans v. GreenhowSupreme Court of Virginia · 1859
  3. Rossett v. FisherSupreme Court of Virginia · 1854

3Cited by36 opinions

  1. Chapman v. ChapmanSupreme Court of Virginia · 1895
  2. Williams v. Lord & RobinsonSupreme Court of Virginia · 1881
  3. Batchelder v. WhiteSupreme Court of Virginia · 1885
  4. Ward's Adm'r v. CornettSupreme Court of Virginia · 1895
  5. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851

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