Legal Opinion

Scriba v. Deane

U.S. Circuit Court for the District of Virginia

Decided November 15, 1810PublishedCited by 5 opinions

These suits were brought by the plaintiffs on the chancery side of this court against James, Thomas, and Francis Deane, and others, their creditors, for. the purpose of enforcing their liens on the estate of James and Thomas Deane, created by two several decrees of the court of chancery of the state, pronounced in their favour, respectively, on the 20th of March, 1801. The plaintiffs prayed that the other creditors of the Deanes, defendants, might be compelled to make a…

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These suits were brought by the plaintiffs on the chancery side of this court against James, Thomas, and Francis Deane, and others, their creditors, for. the purpose of enforcing their liens on the estate of James and Thomas Deane, created by two several decrees of the court of chancery of the state, pronounced in their favour, respectively, on the 20th of March, 1801. The plaintiffs prayed that the other creditors of the Deanes, defendants, might be compelled to make a discovery of their several liens, and claimed a priority over them alL The material facts in these causes were as follows:…

1Opinion of the Court

MARSHALL, Circuit Justice.

These suits are brought for the purpose of distributing the estate of the defendants, James, Thomas, and Francis Deane, among their creditors; some of whom have liens on the estate by judgment, and others by mortgage or deeds of trust. As the parties, creditors, are necessarily brought before the court for the purpose of ascertaining their respective claims, it is deemed just that the fund should be charged, in the first instance, with all the costs incurred by them in this suit. Although some of these liens are upon the estate of all three of the Deanes, some on the…

2Cited by5 opinions

  1. Mendenhall v. LenwellIndiana Supreme Court · 1839
  2. Morris v. EllisSupreme Court of Alabama · 1842
  3. Moseley v. Doe ex dem. EdwardsSupreme Court of Florida · 1849
  4. The Thomas P. Beal.District Court, W.D. Washington · 1924
  5. Lisle v. CheneySupreme Court of Kansas · 1887

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