Gay v. Hancock
Supreme Court of Virginia
This was an appeal from an order of the chancellor, of the Richmond district, dissolving an injunction obtained by the appellant against the appellees, to stop them from proceeding under a deed of trust. The case was this : Gay purchased of Hancock, a tract of land called Chester Hill, the purchase money to be paid by instalments. He took a deed with general warranty from Hancock, and gave a deed of trust on the land itself to secure the purchase money.
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This was an appeal from an order of the chancellor, of the Richmond district, dissolving an injunction obtained by the appellant against the appellees, to stop them from proceeding under a deed of trust. The case was this : Gay purchased of Hancock, a tract of land called Chester Hill, the purchase money to be paid by instalments. He took a deed with general warranty from Hancock, and gave a deed of trust on the land itself to secure the purchase money. After several instalments had been paid by the appellant Gay, he discovered that there was a claim to the land by the representatives of…
1Opinion of the Court
Judge Bkooke,
delivered the opinion of the court,* that it was error to dissolve the injunction, until the cloud, resting on the title in consequence of the claim of Ross, was removed. Therefore, it is decreed and ordered, that the order aforesaid be reversed and annulled j and that the injunction be re-instated, and the cause remanded to the court of chancery, to be further proceeded in.
Judge Roane absent from indisposition.
2Cited by20 opinions
- Faulkner v. DavisSupreme Court of Virginia · 1868
- Rossett v. FisherSupreme Court of Virginia · 1854
- Muller's Adm'r v. StoneSupreme Court of Virginia · 1888
- Spencer v. LeeWest Virginia Supreme Court · 1881
- Peers v. BarnettSupreme Court of Virginia · 1855
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